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2003-02-27 REGULAR AUGUST TERM HELD FEBRUARY 27, 2003 THE STATE OF TEXAS !i !i COUNTY OF CALHOUN !i e BE IT REMEMBERED, that on this the 27th day of February, A.D., 2003 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner,pct.l Commissioner,Pct.2 Commissioner,pct.3 Commissioner,pct.4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Plege of Allegiance. APPROVAL OF MINnTRS A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the minutes of January 30, 2003, February 12, 2003 and February 13, 2003 meetings be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. e Michael J.Pfeifer County Judge H. Floyd Commissioner, Pet. 3 Roger C. Galvan Commissioner, Pet. 1 Kenneth W. Finster Commissioner, Pet. 4 Michael J. Balajka Commissioner, Pet. 2 Shirley Foester Deputy County Clerk e VETERANS SERVICE OFFICER JOHN CLEGG - CERTIFICATE OF TRAINING COMPLETION A Certificate of Completion was present~d to.John Cle$g~ Veterans' Service Officer, by Judge Pfe1fer 1n recogn1t1on of his completion of the required training during the calendar year 2002, under the provisions of Sec~i?n . 434.038(a), Texas Government Code for 2003 Cert1f1cat1on. Mr. Clegg informed the Court of several instances in which the Veterans Service Office assisted veterans. He also commended the late Dr. William G. Smith on his cooperation in working with veterans. 97 MEMORIAL MEDICAL CENTER - MONTHI,Y FINANCIAL REPORT The Memorial Medical Center monthly financial report was given by Mr. Saad Mikhail. Mr. Buzz Currier, Hospital Administrator, stated the highlights of last month's operations are: (1) the x-ray equipment has not yet been purchased as they are negotiating for a non-film version, (2) an executive has been hired, and (3) health care service for employees is being reviewed. e MEMORIAL MEDICAL CENTER - PURCHASE UPGRADES TO MANAGEMENT INFORMATION SYSTEM AS A SINGLE SOURCE A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to approve the purchase by Memorial Medical Center of upgrades to Management Information Syustem, CPSI their existing system, at an ap~roximate cost of $ll8,059.00 as a single source. Comm1ssioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. MEMORIAL MRnTCAL CENTER - PURCHASE DICTATION SYSTEM AS A SINGLE SOURCE A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to authorize the purchase by Memorial Medical Center of a dictation system to replace and update an outdated and ineffective system, at an approximate cost of $39,389.15 as a single source. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. C1H.ROUN COUNTY MUSEUM - ODYSSEY CONTRACT e Georgeann Cormier, Museum Curator, spoke to the Court regarding the Odyssey Contract with the Texas Historical Commissioner. Judge Pfeifer stated there will be a shortage of appoximately $23,263 after the grants are in as one donation guaranteed in the amount of $35,000 was actually $15,000. Ms. Cormier said the total received to date is $106,137. Commissioner Floyd stated the County was not supposed to pay anything on this. Judge Pfeifer felt the County will owe the $23,000 since it has come this far. However, nothing can be done today on this matter. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to authorize Georgeann Cormier, Museum * Curator, to sign the three contracts regarding the LaSalle . Odyssey. In discussion, Commissioner Floyd expressed concern with the committed funds not being received and funds being spent when the contrcts are signed; now the County is committed to spend $23,000. Vote on the Motion: Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. e * Clerk's Memo: There are three original copies of one Odyssey Contract for signature. - 98 e e e RICK PERRY, GOVERNOR JOII[\" L NAU, IlL CI-L\IRMAi\' F. LA WERENCE OAKS, EXECUTIVE D[RECTOR the State Agency for Historic Preservation TEXAS HISTORICAL COMMISSION RECEIVED CONTRACT FOR SERVICES 808-3-0039 FEB 0 4 ZOOJ TEXAS HISTORICAL COMMISSION I. PARTIES The parties to this contract are the Texas Historical Commission, as agency of the State of Texas, hereinafter referred to as "Commission"; and Calhoun County Museum, hereinafter referred to as "Contractor." II. PURPOSE This Contract is issued pursuant to V.T.C.A., Government Code, 9442.005 and Chapter 791. Funds from the grant shall be used to pay for Phase II of the project, for design fabrication, artifact handling, diorama production, and the installation of the exhibits for the La Salle Odyssey project, where several museums will share in displaying the artifacts from the Belle shipwreck and from Fort St. Louis. III. SERVICES TO BE PROVIDED The following services are to be provided within the contract period on a schedule to be agreed upon by the parties to this contract. However, the services designated with specific deadlines must comply with those deadlines. I) Contractor will complete design fabrication, artifact handling, diorama production, and the installation of the exhibits. 2) Submit a letter report within four weeks of the end of the project describing the results of and confirming that Phase II of the project has been completed. 3) The following documents will be provided and shall be a part of this contract for all purposes: a) Letter Report Confirming Completion of Phase I of the project b) Phase II Funds Budget IV. AMOUNT OF THE CONTRACT The total amount of this contract shall not exceed $7,818.00 (SEVEN THOUSAND EIGHT HUNDRED EIGHTEEN DOLLARS AND NOll 00). V. DOCUMENTATION AND PAYMENT Payment under this contract shall be in one payment. Payment under this contract will be made within 30 days after the Commission receives the signed contract. va. BOX 12276 . AUSTIN. TX 78711-2276. 512/463.6100 . FAX S12/475.4H72 . TD!) 1.800/735.2989 \nv\v, the ,state. lX. us 99 e Contract #808-3-0039 All correspondence must be sent to: Texas Historical Commission ATTN: Archeology Division P.O. Box 12276 Austin, Texas 78711-2276 VI. PERIOD The term of this contract shall commence on February 1,2003, or immediately thereafter, upon being signed by all parties, and shall terminate on August 31,2003, with an option to renew an additional year, at the discretion of the Commission. VII. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor is an independent contractor and not an employee of the Commission. Employee-related deductions such as withholding taxes and/or Social Security taxes shall not be deducted from the fees paid to the Contractor, and the Contractor shall not be considered the agent, the servant, or the employee of the Commission for any purpose whatsoever. In addition, the Contractor recognizes that it will not be eligible for unemployment compcnsation upon termination of this Contract. VIII. PROPERTY RIGHTS e The term "Work" is defined as all reports, work papers, work products, materials, approaches, specifications, systems, documentation, methodologies, concepts, intellectual property or other property developed, produced or generated in connection with the services provided under the Contract. The Commission and Contractor intend the Contract to be a contract for services and each considers the Work and any and all documentation or other products and results of the services to be rendered by Contractor to be a work madc for hire. Contractor acknowledges and agrees that the Work (and all rights therein) belongs to and shall be the sole and exclusive property of the Commission. If for any reason the Work would not be considered a work-for-hire under applicable law. Contractor does hereby sell, assign, and transfer to the Commission, its successors and assigns, the entire right, title and interest in and to the copyright in the Work and any registrations and copyright applications relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the Work, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. Contractor agrees to execute all papers and to perform such other property rights as the Commission may deem necessary to secure for the Commission or its designee the rights herein assigned. Contractor will have no rights in or ownership of the Work and any and all documentation or other products and results of these services or any other property of the Commission. e No later than the first calendar day after the termination or expiration of the Contract at the Commission's request, Contractor will deliver to the Commission all completed, or partially completed, Work and any and all documentation or other products and results of these services. Failure to timely deliver such Work or any and all documentation or other products and results of the services will be considered a material breach of the Contract. Contractor will not make or 2 100 _ I_ I I I I I I I _ Contract #808-3-0039 retain any copies of the Work or any and all documentation or other products and results of the services without the prior written consent of the Commission. IX. TERMINATION The Commission reserves the right, in its sole discretion, to terminate the Contract, in whole or in part, provided fourteen (14) calendar days have been given by the Commission to Contractor immediately with written notice. The Commission also reserves the right, in its sole discretion, to tenninate the Contract if the Commission believes that the integrity of the agency is in jeopardy, or it is in the best interests of the Contractor or the State of Texas to do so. Upon termination of the Contract for any reason, Contractor must, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and provider. Contractor may terminate by giving fourteen (14) calendar days written notice to the Commission. In the event noticc of termination is given, all work by contractor shall ceasc and any remaining state funds must be returned to the Commission no later than 30 days following the date oftermination of this contract. X. PROVISION FOR DIRECT DEPOSIT The electronic funds transfer (EFT) provisions of Texas law were revised by H.B. 2429, which is now in effcct. Depending on eligibility under the law, certain payments from the State may be directly deposited into Contractor's bank account or may be made by warrant. Vendors who may be eligible for direct deposit and who wish to be paid by direct deposit must complete the form titled "Vendor Direct Deposit Authorization" and return it as soon as possible to: Texas Historical Commission, Staff Accounting, P.O. Box 12276, Austin, TX 78711-2276. Comptroller of Public Accounts' Claims Division oversees the distribution of the state payments, both warrants (paper checks) and direct deposit. For questions regarding the statewide process, contact the Claims Payment Processing Section, at 1-800-531-5441, ex!. 6-2499 or (512) 936- 2499, or send an email messageto:<c1aims.division@cpa.state.tx.us>. XI. DISPUTE RESOLUTION PROCESSES HE 826, 76th Legislature, added Chapter 2260 of the Government Code. Chapter 2260 prescribes dispute resolution processes for certain breach of contract claims applicable to certain contracts for goods and services. The Commission may adopt rules under Chapter 2260 as described in that statute. If and to the extent that Chapter 2260 applies to the Contract and to a specific breach of contract claim under that contract, the following shall apply: The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by the Commission and Contractor to attempt to resolve any claim for breach of contract made by Contractor under the Contract: 3 101 e Contract #808-3-0039 (A) Contractor's claim for breach of the contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, Contractor shall submit written notice, as required by Chapter 2260, to the Executive Director of the Commission or his or her designee. Said notice shall also be given to all other representatives of the Commission and Contractor otherwise entitled to notice under the Contract. Compliance by Contractor with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260. (B) The contested case process provided in Chapter 2260 is Contractor's sole and exclusive process for seeking a remedy for an alleged breach of contract by the Commission if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph. (C) Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civ. Prac. and Rem. Code. Neither the execution of the Contract by the Commission nor any other conduct of any representative of the Commission relating to that contract shall be considered a waiver of sovereign immunity to suit. _ If and to the extent that Chapter 2260 does not apply to the Contract or to a specific breach of contract claim under the Contract, the following shall apply: Should a dispute arise out of the Contract, the Commission and Contractor will first attempt to resolve it through direct discussions in a spirit of mutual cooperation. If the parties' attempts to resolve their disagreements through negotiations fail, the dispute will be mediated by a mutually acceptable third party to be chosen by the Commission and Contractor within fifteen (15) days after written notice by one of them demanding mediation under this section. Contractor will pay all costs of the mediation unless the Commission, in its sole good faith discretion, approves its payment of all or part of such costs. By mutual agreement, the Commission and Contractor may use a non-binding form of dispute resolution other than mediation. The purpose of this section is to reasonably ensure that the Commission and Contractor will in good faith utilize mediation or another non-binding dispute resolution process before pursuing litigation. The Commission's participation in or the results of any mediation or another non binding dispute resolution process under this section or the provisions of this section will not be construed as a waiver by the Commission of (1) any rights, privileges, defenses, remedies or immunities available to the Commission as an agency of the State of Texas or otherwise available to the Commission; (2) the Commission's termination rights; or (3) other termination provisions or expiration dates of the Contract. _ 4 :L02 _ e e Contract #808-3-0039 Notwithstanding any other provision of this Contract to the contrary, Contractor shall not be excused from performance during the period any breach of contract claim or dispute is pending under either of the above processes. XII. NO LIABILITY UPON TERMINATION If the contract is terminated for any reason, the Commission and the State of Texas will not be liable to Contractor or any third party for any damages, claims, losses, or any other amounts arising from or related to any such termination. XIII. LIMITATION ON AUTHORITY; NO OTHER OBLIGATIONS Contractor will have no authority to act for or on behalf of the Commission or the State of Texas except as expressly provided for in the Contract; no other authority, power or use is granted or implied. Contractor may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the Commission or the State of Texas. XIV. CONFIDENTIAL INFORMATION; NONDISCLOSURE AGREEMENTS; TEXAS PUBLIC INFORMATION ACT (formerly Texas Open Records Act) Contractor, Contractor's employees and Contractor's subcontractors will not disclose to anyone, directly or indirectly, any information designated by the Commission as confidential or to information accessed as a result of the Contract without the prior written consent of the Commission. In addition, any individuals initially assigned to the Contract must sign a copy of the Nondisclosure Agreement prior to the contract commencement date. Any additional or replacement individuals assigned to the Contract must also sign the Nondisclosure Agreement prior to the start of their assignment. Notwithstanding any provisions of the Nondisclosure Agreement to the contrary, Contractor understands that the Commission is bound by the provisions of the Texas Public Information Act (formerly the Texas Open Records Act) and Attorney General Opinions issued under that statute. Within three (3) days ofreceipt, Contractor will refer to the Commission any third party requests, received directly by it, for information to which Contractor has access as a result of or in the course of performance under the Contract. The provisions of this Section and the Nondisclosure Agreement survive the termination or expiration of the Contract. XV. INDEMNIFICATION The Contractor shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or supplier of contractor in the execution or performance of this contract. 5 ':'03 _ Contract #808-3-0039 XVI. ANTITRUST Neither the Contractor nor the finn, corporation, partnersbip, or institution, or institution represented by the Contractor or anyone acting for such finn, corporation or institution has violated the antitrust laws of this State or the Federal Antitrust Laws of the United States IS U.S.C.A. Section 1, et seq. (1973), and the antitrust laws of the State of Texas, Bus. & Comm. Code Ann. Sec. 15.01, et seq. (1967), nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. XVII. ATTACHMENTS The following documents are shaH be a part of this contract for all purposes: I) Letter Report Confinning Completion of Phase 1 of the project (Attachment 3a) 2) Phase II Funds Budget (Attachment 4a) e _ 6 104 ~ _ _ _ Contract #808-3-0039 XVIII. CONTACT PERSONS The individuals named below shall be the contact persons for the Commission and the Contractor, respectively. All calls, correspondence, invoices, reports, or other contacts necessary for the administration of this contract shall be directed to the persons named below unless the party is specifically directed otherwise. Commission Jim Bruseth Texas Historical Commission P.O. Box 12276 Austin, Texas 512/463-6096 Contractor George Ann Cormier Calhoun County Museum 301 South Ann St. Port Lavaca, TX 77979 361-553-4689 Tax ID #74-6001923 XIX. AMENDMENTS This contract is the entire agreement between the parties. Any changes, deletions, extensions, or amendments to this contract shall be in writing and signed by both parties to the contract. Any other attempted changes, including oral modifications, written notices that have not been signed by both parties, or other modifications of any type, shall be invalid. CERTIFICATIONS The terms of this contract are accepted by the parties to the contract. Persons signing are expressly authorized to obligate the parties to the terms ofthis contract. T':;;' C~iO~ F. Lawerence Oaks Executive Director Contractor George Ann Cormier Director date ) 1:>0103 , , date APPROVED AS TO LEGAL FORM ONLY: BY: J date: ,. /30 I (IS I I 7 105 106 Texas Historical Commission Phase I Distribution The following members of the La Salle Odyssey, the Calhoun County Museum, the Matagorda County Museum, the Texana Museum, and the Texas Maritime Museum expended their first distribution of funds for the attached plans. These plans include artifact lists, storyline, construction drawings, footprints, and conceptual drawings of each exhibit. The second disbursement of funds will be used toward construction and fabrication of the exhibit with a planned opening August 1,2003. Attachment 3a _ e _ _ _ I I- Attachment 4a Phase II Budget List: 1) Corpus Christi Museum of History & Science - $28,092 2) Calhoun County Museum, Port Lavaca - $7,818 3) Museum of Coastal Bend, Victoria - $24,048 4) Matagorda County Museum, Bay City - $36,982 5) Palacios Area Fund of Communities Foundation ofTexas, (La Petite Bell) - $7,317 6) Texana Museum, Edna, Tx - $18,228 7) Texas Maritime Museum Association, Inc., Rockport - $17,015 107 -'08 - . ro v C " E .c u '" <i' en '0 c: " lJ.. ~ .~ " Vi '0. ~ ...J u ~ '0 ~ e: c " o U -roco roOOOOCOOOOOQoa:> OJ ctl .- U) .~ If)QOOO '" '" ".: 0 C"') rooooo co 0 0_ _ U r--:o::iNll)"r--" cO ~ -U<O U._ 7 ;; N N 5> U?t-.:fo t:OODOCDOOOOOO(O '" ro 0 N o IJ) GOO 0) ~ (/) Co D_ C. 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'010 ~ : Q.l rn >. c .- :c ;~d~ ] ~ ,,0 rn u.. " c c '2 ~ ~ ~ N 0 ,Q ~ _ rn >0 :.=c.......- me ,.:,~ 0::: "0 '0 '" C <:OlncC\'OOUlncn G.JO ;.1_ a.l ell - 0 N ell OJ OJ.~ :.;:; :::l OJ .f; Vl "(fj .:,:;1 Q,) ...... E V) .- r/) .~ 'w 'w ~ ('lJ ~ 0 ~ ~ (/) ~'~~ ~ i .~ 1: "C 0 ~ OJ QJ fJ .1:2 '- ro c: 0:::: Q.l 0 c. 5:=~oou....oc...::I~5(>jo.. 0 L1. f- en u u rn ro.~ 0::; c: 0.. : .~1(1) E > ~ Q) ~.~:.c:.cu.. E ~u!5l.Q~ .! Q) .- 0.. . > Q.I U If.I ._ ...... 0.. 0.. Ql ro ._ ro 7ii .~ 0-" ~ ~-a,~ ~ ~.Q-g~1n:g ~ .Q~~ Q"O:::iC)(9()O.q::.q::E.<(LL _; <( I/) Q.I .....N(")"<tL()(!)t--OOOlO <i e e _ _ _ _ AIIachment 4a Design Services A.1 Preliminarv Floornlan A.2 Theme Develooment A.3 Artifact/lmaae Survey AA Preliminarv Desian Set A.5 Final Floorolan A.6 Final Desinn Set Lighting design 1.1 Liqhtina Schematic Graphic Design 2.1 Peliminarv Graohic Desi 2.2 Final Graohic DeslOn Graphic Panel Fabrication 3.1 Graohic Production 3.2 Graohic Laminatina 3.3 Graohic MountinCl Casework Fabrication 4.1 Exhibit Casework 4.2 Casework Liohtino 4.3 Artifact Mounts Diorama Production 5.1 Interior Deckinn 5.2 Surface Treatment 5.3 Renroductions Audiovisual Design 6.1 Scriotina 6.2 Production 6.3 Equioment Artifact Handling 7.1 InventorY 72 Shiooina/Storaqe 7.3 Preoaration Installation 8.1 Shiooinq 8.2 Installation Additional Research 9.1 Consultants 9.2 Exhibit Text Fire Suppression/Alarm 10.1 IEauioment I 10.2 I Installation I gn ::"09 RECEIVE SAFIITY AND INf'Rm'IVE PROGRAM AWARD FROM TEXAS ASSOCIATION OF COUNTIES Lori Hunicutt, Texas Association of Counties representataive, gave a recap on the formation of Texas Association of Counties and its function. She discussed workers' compensation and the safety policy and training (incentive plan), She presented a check in the amount of $29,563. for the County's safety program, Lori will send a report on the actual Calhoun County participants and why the full amount of $40,000 was not received. _ A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to accept the check from Texas Association of Counties for the Safety and Incentive Program Award in the amount of $29,563. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. ANNEX U FOR CALHOUN COUNTY. CITY OF PORT LAVACA. CITY OF POINT COMFORT AND CITY OF SEADRIFT Dan Heard, Calhoun County Criminal District Attorney, stated his office will help in an emergency regarding the Annex U for Calhoun County, City of Port Lavaca, City of Point Comfort and City of Seadrift but did not want to be appointed to be responsible for this. Judge Pfeifer said the County Judge could sign the necessary documents. A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to approve Annex U for Calhoun County and the Cities of Port Lavaca, Point Comfort and Seadrift, and authorize the county Judge to sign. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. _ ANNEX U LEGAL _ Calhoun County and the Cities of Port Lavaca, Point Comfort and Seadrift 11.0 _ _ _ INITIAL APPROVAL & IMPLEMENTATION I ,./) 111(1/L./ 'F5 Count'! Judoe ror A oi ted Attome'l j~~;~ca-Att?m~ /'. /~- /Or, [ { r I i" F '..-r-o (,I ( .~', il. ,>>kr_. ,., " ,.j '....l (/''-.-- . . _ I Ciry ?f PqJf1t '(omfort- P;ifDme~ fi ' q d- cZ>1t7Q" ~ City of Seadrift-Attomey Annex U Legal Date / - ').1-Q3 Date I //3 /03 I I , l; I - \/ L>-/", - ; Date Date I -d~-D3 u-; ::'11 _ RECORD OF CHANGES Annex U Legal Change # I Date of Chanqe Entered By Date Entered _ _ U-ii :L12 _ _ _ ANNEX U LEGAL ~ I. AUTHORITY A. See Seetion I of the Basic Plan for general authorities. B. Texas Government Code, Chapter 791 (Intenocal Cooperation Contracts). C. Texas Local Government Code, Chapter 203 (Management and Preservation of Records). D. Texas Local Government Code, Chapter 240 (Miscellaneous Regulatory Powers of Counties). II. PURPOSE The purpose of this annex is to make provision for legal services during emergency situations or when such situations appear imminent and to provide guidance for invoking the emergency powers of government when necessary. III. EXPLANATION OF TERMS EOC FEMA TAC TGC Emergency Operating Center Federal Emergency Management Agency Texas Administrative Code Texas Government Code ~ I IV. SITUATION & ASSUMPTIONS A. Situation We are at risk from a number of hazards that could cause threatened public health and safety and personal and government property; see Section IV.A of the basic plan for a summary of these hazards. Legal issues requiring timely resolution may arise during pre- disaster hazard mitigation designed to lessen the effects of known hazards, during pre- disaster preparedness activities designed to enhance the local capability to respond to a disaster, during the actual response to a disaster, or during the post-disaster recovery process. U-1 "13 _ 8. Assumptions 1. Local emergency preparedness plans and programs should have a sound legal basis. 2. In responding to major emergencies and disasters, local officials may be required to take extraordinary measures to protect public heaith and safety and preserve property and they will probably require timely advice regarding the legality of proposed measures. 3. Implementation of measures to protect public health and safety and preserve property during an emergency as recovery and mitigation activities undertaken after a disaster generally require issuance of appropriate legal documents, which should be prepared by competent legal service professionals. V. CONCEPT OF OPERATIONS A. General 1. Emergency Declaration. a. Pursuant to Chapter 433 , TGC, the chief elected official or the goveming body of a city or county may request the Governor to declare a state of emergency for a jurisdiction or a portion thereof. For purposes of this statute, an emergency exists in the following situations: riot or unlawful assembly by three or more persons acting together by use of force or violence, the existence of a clear and present danger of violence, or a natural or man-made disaster. The Governor may proclaim a state of emergency and issue directives to control and terminate the emergency and protect life and property. Directives issued by the Governor for a state of emergency expire 72 hours after issuance; however, successive states of emergency may be declared by the Governor. A sample request for an emergency declaration is provided in Appendix 1. _ b. The emergency declaration process is generaily not used for natural or man-made disasters because: (1) it requires action by the Governor to resolve local problems rather than facilitating action by local officials, (2) the Governors directives require advance notice before they become effective, and (3) directives are of very limited duration - 72 hours. Hence, a disaster declaration may be more appropriate for responding to natural or tectmological emergencies. An emergency declaration may be appropriate for security-related incidents where local law enforcement resources are inadequate to handle the situation. c. If the actions taken by the Governor after an initial emergency declaration do not resolve the emergency situation, the chief elected official or governing body may request that the emergency declaration be continued. And if the local emergency situation that was the basis for an emergency declaration is resolved before the Governors directives expire, it is desirable to advise the Governor that the emergency declaration is no longer required. _ U-2 114 2. Disaster Declaration e a. The Texas Disaster Act, Chapter 418, TGC, provides that the presiding officer of the governing bodYe of a political subdivision (the county judge of a county or the mayor of a municipality) may declare a local state of disaster. A disaster declaration may be issued when a disaster has occurred or appears imminent (the disaster declaration process typically used by the chief elected officials to respond to or recover from a significant natural or man-made disaster). A sample disaster declaration is provided in Appendix 2. Copies of a disaster declaration should be filed with the Division of Emergency Management and the County Clerk for the County/City Secretary for the Cities. b. The Executive Order of the Governor Relating to Emergency Management provides that county judges and mayors may, when a state of disaster has been declared, exercise similar powers on an appropriate local scale as have been granted to the Governor in the Disaster Act Among those powers is the authority to suspend procedural laws and rules, use public and private resources to respond to the disaster, control the movement of people, restrict the sale and transportation of certain items, and take a number of other actions. Once a state of disaster is declared, a city or county may enact an emergency ordinance or order describing the specific emergency regulations that are to be put into effect during the disaster. A sample emergency powers ordinance is provided in Appendix 5. e c. A disaster declaration may not be continued in force for more than seven days unless renewed by the Commissioners' Court/City CounciL A sample ordinance/court order extending a disaster declaration is provided in Appendix 3. The Commissioners' Court/City Council may terminate a state of disaster at any time; this approach is typically used when the threat that gave rise to the disaster declaration has subsided. Alternatively, the Commissioners' Court/City Council may chose to simply let the declaration expire by taking no action to extend it. A sample ordinance/court order terminating a disaster declaration is provided in Appendix 4. 3. County Regulation of Outdoor Burning & Use of Fireworks One of the effects of drought conditions is an increased threat of wildfires. Many municipalities have enacted. ordinances that prohibit or restriet open fires within their corporate limits at all times: The Local Government Code gives counties authority to mitigate the risk of wildfire by restricting outdoor burning and the use of fireworks in unincorporated areas under certain circumstances. a. Pursuant to 3240.906 of the Local Government Code, counties may restrict outdoor burning if drought conditions have been determined by the Texas Forest Service to exist and county officials find that circumstances exist in all or parts of the unincorporated areas of the county such that outdoor burning would create a public safety hazard. The normal procedure for implementing restrictions on outdoor burning is for the county judge to issue a disaster declaration pursuant to the Texas Disaster Aet based on the imminent threat of wildfire. Then the commissioners' court issues an emergency order restricting outdoor burning in all unincorporated areas of the county or portions of those areas. A sample disaster declaration based on a _ U-3 "11-: ~ 'v e threat of wildfire is provided in Appendix 6. A sample commissioners' court order banning outdoor buming is provide<i in Appendix 7. b. Pursuant to !l240.904 of the Local Govemment Code, counties may restrict the use of fireworks in unincarporate<i areas of the county if drought conditions have been determined to Ep<ist by the Texas Forest Service. The normal process for implementing a fireworks ban is issuance of a commissioners' court order. Such orders must be issued by June 15'" for the Fourth of July fireworks season and by December 15th for the December fireworks season. B. Activities by Phases of Emergency Management 1. Mitigation a. Brief the electe<i officials and department heads on possible liabilities arising from disaster operations. procedures for invoking the emergency powers of govemmer,t. and legal dOa.Jments relating to emergency powers. b. Maintain current copies of existing disaster-related laws, regulations, and orders. c. Develop local procedures for invoking emergency powers. e d. Prepare sample legal dOa.Jments (included in this annex) for approval by elected officials. 2. Preparedness a. Ensure county and city emergency call-out rosters include the Appointed Attorney for the County and the City Attorney for the Cities, who should maintain current telephone numbers and addresses for the legal staff. b. Review plans and procedures. c. Review mutual aid agreements submitted to the jurisdiction for approval and prepare mutual aid agreements to be submitted to other jurisdictions for approval. 3. Response a. Advise the County Judge/Mayor and emergency services staff on legal implications of response activities. b. If require<i, prepare, have approved and signe<i, and disseminate legal documents declaring a disaster, terminating a disaster declaration, or invoking emergency powers. e 4. Recovery a. Advise county/city officials on legal aspects of recovery operations. b. Assist county/city officials in preparing emergency ordinances, permits, applications for state or fe<ieral assistance. grant applications, and, if necessary, litigation. U-4 116 e e e VI. ORGANIZATION & ASSIGNMENT OF RESPONSIBILITIES A. General. , Overall responsibility for providing legal services to the County Judge/Mayors, the Commissioners' Court/City Council's, department heads, and other local officials during an emergency rests with the Appointed Attorney for the County/City Attorney's. The Appointed Attorney for the County/Cities Attorney will be assisted by his or her subordinates. B. Task Assignments 1. County Judge/Mayor a. Will take such actions that are legal and necessary to manage the disaster at hand. b. If the situation warrants, may declare a local state of disaster. Issuance of a local disaster declaration is advisable if an emergency situation has resulted in substantial damage to privately-owned or government property and state or federal assistance will be needed to recover from the incident. If a local disaster declaration is issued, it shall be given prompt and general publicity. c. If the situation warrants, may request the Governor to declare a state of emergency. d. If requesting state assistance to cope with a local disaster, should attach copies of any local disaster declaration that has been issued to the request for state assistance. See Annex J, Damage Assessment, for further infonnation. 2. Appointed Attorney/Cities Attorney a. Advise county/city elected officials and department heads regarding the emergency powers of local government and necessary procedures for invoking measures to: 1) suspend procedural laws and rules; 2) establish curfews; 3) restrict or deny access to a disaster area; 4) control the movement of persons and oCOJpancy of premises in a disaster area; 5) implement wage, price, and rent controls; 6) establish rationing for critical supplies; 7) limit or restrict use of water or other utilities; 8) use any publicly owned resource to respond to the disaster 9) commandeer private property, subjeet to compensation requirements, to respond to the disaster; and . 10) remove debris from publicly or privately owned property 11) restrict outdoor burning and use of fireworks. b. Review and advise county/city officials on possible liabilities arising from disaster operations, including the exercising of any or all of the above powers. U-5 117 e c. Prepare and recommend legislation to implement the emergency powers that may be required during an emergency. d. Advise county/city officials and department heads on record keeping requirements and other documentation necessary for the exercising of emergency powers. e. Prepare and keep current mis annex. f. During an emergency, report instances of overcharging for emergency supplies, equipment. and repair materials to me Consumer Affairs section of the Office of the Attorney General. 3. County Clerk/City Secretary/Administrative Assistants a_ Publish required agenda of meellngs. b_ Prepare a record of publiC meetings c. Receive a copy of disaster declarations and documents extending or tel111inating a state of disaster. d. Ensure proper protection of all records. e VII. DIRECTION & CONTROL A. General. The Appointed Attorney for the County/Cities Attorney is responsible for providing legal services to the County Judge/Mayor, Commissioners' Court/City Council and department heads and for preparing all legal documents necessary for the conduct of emergency operations and the exercise of emergency powers. Supervisors will exercise their usuai supervisory responsibilities over legal personnel. B. Coordination. The Appointed Attorney/Cities Attorney will designate a person to coordinate with the County Judge/Mayor and the EOC, if activated. The Appointed Attorney/Cities Attorney will identify staff members to be called for emergency duty and will designate those responsible for contacting such staff members. C. Line of Succession. The line of sua:ession for legal services personnel will be: County Cities of Port Lavaca, Point Comfort, and Seadrift -1: Appointed Attorney 1. City Attorney 1. City Attorney 1. City Attorney 2. Appointed Attorney's Office 2. City Attorney's 2. City Attorney's Office Office III. READINESS LEVELS e A. Readiness Level 4 - Normal Conditions See the mitigation and preparedness activities in paragraphs V.B.1) and V.B.2) above. U-6 118 e e e 8. Readiness Level 3 - Increased Readiness 1. The Appointed Attomey for the County/Cities Attomey will review the potential emergency situation, determine staff availability, and review emergency tasks assigned in the emergency management plan and this annex. 2. The Appointed Attomey for the County/Cities Attomey will designate the personnel on call for emergency duty. C. Readiness Level 2 - High Readiness 1. Senior county/city officials and department heads will be briefed on the legal ramifications, if any, of the potential emergency situation. 2. The Appointed Attomey for the County/Cities Attomey will brief the legal staff on the potential emergency situation and plans to deal with it should it occur and ensure that on-call staff members are available by telephone and ready to report duty if called. D, Readiness Level 1 - Maximum Readiness The designated on call legal services representative will proceed to the EOC if requested. IX. ADMINISTRATION & SUPPORT A. Maintenance of Records. All records generated during an emergency will be collected and filed in an orderly manner so a record of events is preserved for use in determining response costs, settling claims, and updating emergency plans and procedures. 8. Preservation of Records. Vital legal records should be protected from the effects of disaster to the maximum extent feasible. Should records be damaged during an emergency situation, professional assistance in preserving and restoring those records should be obtained from a firm specializing in these tasks as soon as possible. ,I x. ANNEX DEVELOPMENT & MAINTENANCE A. Development. The Appointed Attorney for the County/Cities Attomey is responsible lor ~developing and maintaining this annex. 8, Maintenance. This annex will be reviewed annually and updated in accordance with the schedule outlined in Section X of the Basic Plan. U-7 :19 e XI. REFERENCES A. Division of Emergency Management Local Emergency Management Planning Guide (oEM- 10). B. FEMA Guide for A//-H?zard Emergency Operations Planning (SLG-1 01) APPENDICES: Appendix 1 ................................_............................. Sample Request for Emergency Declaration Appendix 2 ..................................... .......................................... .... Sample Disas1er Declaration Appendix 3 .. ........... ._.... .. ............ . ... ... Sample Extensicn of Disaster Declaration Appendix 4.............................. ... .........._................ .Sample Termination of Disaster Appendix 5....._..........._...... ......... ........ ...... ......Sample Emergency Powers Ordinance/Order Appendix 6 ....................................... ........ ..Sample Disaster Declaration for Wildfire Threat Appendix 7 ..............................................................................Sample Ban en Outdoor Buming e _ U-8 1.Z0 I ~ e e e Appendix 1 to Annex IT REQUEST FOR EMERGENCY DECLARATION The Honorable Governor of Texas c/o State Coordinator Division of Emergency Management P. O. Box 4087 Austin, Texas 78773-0001 Date: ~ Dear Govemor The County of Calhoun, Texas, is facing significant threats to life, health and property due to: [Provide a description of the threat and the area or areas affected. Threats may include: . riot or unlawful assembly of three or more persons acting together by use of forca or violenca . the existenca of a clear and present danger of the use of violence . a natural or man-made disaster (For these threats, a disaster declaration may be more appropriate.)] The potential impaet of this threat is: [Provide an estimate of the impact on public health, safety, and property ii the threat is not dealt with.] I have determined that this incident is of such severity and magnitude that an effective response is beyond the capability of Calhoun County to control. Pursuant to &433.001 of the Texas Government Code, I am requesting that you declare a state of emergency for Calhoun County, Texas, and issue appropriate directives to deal with the emergency; including: [Indicate what measures that you want the Governor to take.] Furthermore, I am aSking that successive proclamations be issued and remain in effect until the '. threat of loss of life, injury, or damage to property is contained. A timely response to this request would be appreaated. ,- Calhoun County JuCige . NOTE: The statute provides that either the c.>Jief elected official or the governing body of a city or county may request that the Govemor issue an emergency declaration. If a governing body makes a request, this letter should be appropriately modified. A-l-l :'21 _ Appendix 1 to Annex U REQUEST FOR EMERGENCY DECLARATION The Honorable Governor of Texas cia State Coordinator Division of Emergency Management P. O. Box 4087 Austin, Texas 78773-0001 Date: Dear Governor The City of property due to: , Texas, is facing significant threats to life, health and [Provide a description of the threat and the area or areas affected. Threats may include: . riot or unlawful assembly of three or more persons acting together by use of force or violence . the existence of a clear and present danger of the use of violence . a natural or man-made disaster (For these threats, a disaster declaration may be more appropriate.)] e The potential impact of this threat is: [Provide an estimate of the impact on public health, safety, and property if the threat is not dealt with.] I have determined that this incident is of such severity and magnitude that an effective response is beyond the capability of the City of , Texas to control. Pursuant to 3433.001 of the Texas Government Code, I am requesting that you declare a state of emergency for the City of , Texas, and issue appropriate directives to deal with the emergency; including: [Indicate what measures that you want the Governor to take.] Furthermore. I am aSking that successive proclamations be issued and remain in effect until the threat of loss of life, injury, or damage to property is contained. A timely response to this request would be appreciated. Mayor e . NOTE: The statute provides that either the chief elected official or the governing body of a city or county may request that the Governor issue an emergency declaration. If a governing body makes a request, this letter should be appropriately modified. A-1-2 122 _ e e Appendix 2 to Annex U DISASTER DECLARATION WHEREAS, the County of Calhoun, Texas on the _ day of ,20_ , has suffered widespread or severe damage, injury, or loss of life or property (or there is imminent threat of same) resulting from [Briefly describe the disaster situation.] , and WHEREAS, the County Judge of Calhoun County, Texas has determined that extraordinary measures must be taken to alleviate the sUffering of people and to protect or rehabilitate property, NOW, THEREFORE. BE IT PROCLA.IMED BY THE COUNTY JUDGE OF CALHOUN COUNTY, TEXAS: 1. That a local state of disaster is hereby declared for Calhoun County pursuant to S418.108(a) of the Texas Government Code. 2. Pursuant to S418.018(b) of the Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or renewed by the Commissioners Court of Calhoun County, Texas. 3. Pursuant to S418.018(c) of the Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the County Clerk. 4. Pursuant to S418.018(d) of the Government Code, this declaration of a local state of disaster activates the Calhoun County emergency management plan. 5. That this proclamation shall take effect immediately from and after its issuance. ORDERED this the _day of ,20_. Calhoun County Judge A-2-1 :':'23 Appendix 2 to Annex IT e DISASTER DECLARATION WHEREAS, the City of , Texas on the _ day of ,20_ , has suffered widespread or severe damage, injury, or loss of life or property (or there is imminent threat of same) resulting f!'Om [Briefly describe the disaster situation.] , and WHEREAS, the Mayor of the City of , Texas has detennined that extraordinary measures must be taken to alleviate the suffering of peopie and to protect or rehabilitate property, NOW, THEREFORE, BE IT PROCL"IMED BY THE MAYOR OF TEXAS: 1. That a local state of disaster is hereby declared for pursuant to S418.108(a) of the Texas Government Code. 2. Pursuant to g418.018(b) of the Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or renewed by the City Council of , Texas. _ 3. Pursuant to g418.018(c) of the Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. Pursuant to S418.018(d) of the Government Code. this declaration of a local state of disaster activates the Calhoun County emergency management plan. 5. That this proclamation shall take effect immediately from and after Its issuance. ORDERED this the _day of ,20 . Mayor e A-2-2 'l.Z" _ e e Appendix: 3 to Annex U EXTENSION OF DISASTER DECLARATION COMMISSIONERS' COURT ORDER WHEREAS, on r date 1, the County Judge issued a proclamation declaring a state of disaster for Calhoun County resulting from [Provide a brief description of the disaster]; WHEREAS, the conditions necessitating declaration of a state of disaster continue to exist; and WHEREAS, S418.108(b) of the Texas Government Code provides that a local state of disaster may not be continued for a period in excess of seven days without the consent of the governing body of the political subdivision; NOW THEREFORE, BE IT ORDERED BY THE COMMISSIONER'S COURT OF CALHOUN COUNTY: 1. Judge on COURT That the state of disaster proclaimed for the County of Calhoun by the County shall continue until terminated by order of the COMMISSIONERS 2. This ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective on the _ day of 20_ . PASSED AND ADOPTED, this _ day of ,20_. APPROVED, this _ day of , 20_. County Judge Commissioner Precinct #1 Commissioner Precinct #3 Commissioner Precinet #2 Commissioner Precinct #4 A-3-~ ::"25 e Appendix 3 to Annex U EXTENSION OF DISASTER DECLARATION I CIIY ORDINANCE WHEREAS, on r [ iurisdiction name date 1, the Mayor issued a proclamation declaring a state of disaster for 1 resulting from [Provide a brief description of the disasterj; WHEREAS, the conditions necessitating declaration of a state of disaster continue to exist; and WHEREAS, S418.108(b) of the Texas Govemment Code provides that a local state of disaster may not be continued for a period in excess of seven days without the consent of the governing body of the political subdivision; NOW THEREFORE, BE IT ORDERED BY THE CIIY COUNCIL of e 1. Mayor on That the state of disaster proclaimed for the by the shall continue until terminated by order of the CIIY COUNCIL. 2. This ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective on the _ day of 20_. PASSED AND ADOPTED, this _ day of , 20 . APPROVED, this _ day of , 20_ , Mayor _ A-3-2 1.26 _ e _ Appendix 4 to Annex U TERMINATION OF DISASTER COMMISSIONERS COURT ORDER / WHEREAS, on , the County Judge, pursuant to the Texas Govemment Code, Chapter 418, (the "Texas Disaster Act'), issued a proclamation declaring a local state of disaster for the County of Calhoun resulting from: [Describe the situation that occasioned the disaster declaration]; WHEREAS, the conditions necessitating the proclamation of a local state of disaster have ceased to exist; and WHEREAS, the Texas Disaster Act provides that a local state of disaster may be terminated by the goveming body of the political subdivision or by execlftive order of the County Judge, NOW THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT: 1. The Commissioners Court, as the governing body of Calhoun County, hereby terminates the proclamation of a local state of disaster described in the preamble above. 2. A public emergency exists requiring that this ordinance be passed formally on the date of its introduction; therefore, this ordinance/order shall take effeet immediately upon its passage and approval by the County Judge. PASSED AND ADOPTED, this _ day of APPROVED, this _ day of , 20_ ,20_ County Judge Commissioner Precinct #1 Commissioner Precinct #3 Commissioner Precinet #2 Commissioner Precinct #4 A-4-1 127 e Appendix 4 to Annex U TERMINATION OF DISASTER CITY ORDINANCE ; WHEREAS, on , the Mayor, pursuant to the Texas Government Code, Chapter 418, (the "Texas Disaster Act") , issued a proclamation declaring a local state of disaster for the City of resulting from: [Describe the situation that occasioned the disaster declaration]; WHEREAS, the ccnditions necessitating the proclamation of a local state of disaster have ceased to exist; and WHEREAS, the Texas Disaster Act provides that a local state of disaster may be terminated by the governing body of the political subdivision or by executive order of the Mayor, NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL: 1. The City Council, as the governing body of , hereby terminates the proclamation of a local state of disaster described in the preamble above. e 2. A public emergency exists requiring that this ordinance be passed formally on the date of its introduction; therefore, this ordinance/order shall take effect immediately upon its passage and approval by the Mayor. PASSED AND ADOPTED, this _ day of ,20 . APPROVED, this _ day of ,20 . Mayor _ A-J,-2 1Z8 _ I I Ie _ Appendix 5 to Annex IT EMERGENCY POWERS COMMISSIONERS' COURT ORDER WHEREAS, by proclamation issued [date of disaster declaration], the County Judge declared a state of disaster for Calhoun County resulting from [Briefly describe the situation]; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Executive Order of the Governor Relating to Emergency Management; now, therefore, the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated: [Eliminate sections below describing measures that will not be used.] 1. CURFEW (a) A person shall not remain or travel upon any public or private property in the following area(s) between the hours of and_. [Insert description of applicable areas] (b) Subsection (a) shall not apply to: (1) a person authorized by the Emergency Management Director to assist in the production of the health, safety, or welfare of the public: or (2) a person who remains or travels upon private property which is owned by him or upon which the person has been invited. 2. MOVEMENT OF PEOPLE AND OCCUPANCY OF PREMISES (a) A person shall not remain or travel upon any public or private property in the following area(s): [Insert description of applicable areas] (b) Subsection (a) shall not apply to a person authorized by local government officials to assist in the protection of the health, safety, or welfare of the public. 3. UTILITIES All utility services shall be discontinued in the following area(s): [Insert description of applicable areas] A-5-1 129 e Appendix 5 to Annex IT 4. FLA.MMABLE PRODUCTS (a) A person shall not sell or give away gasoline or other flammable or combustible products in the following area(s): [Insert descdption of applicable areas] (b) All gasoline stations shall be closed in the following area(s): [Insert descdption of applicable areas] 5. EXPLOSIVES (a) A person shall not sell, barter, loan, or give away arms. ammunition, dynamite, or other explosives in the following area(s): [Insert descdption of applicable areas] (b) All establishments where arms, ammunition, dynamite, or other explosives are sold shall be closed in the following area(s): [Insert description of applicable areas] _ 6. ALCOHOLIC BEVERAGES (a) A person shall not sell or distribute beer, wine, liquor, or alcoholic beverages of any kind in the following area(s): [Insert description of applicable areas] (b) Subsection (a) shall not apply to the sale of medicine which contains alcohol. 7 PRICE CONTROLS A person shall not sell any of the following goods or services for more than the price the person charged for the goods or services on (date of disaster declaration): (a) groceries, beverages, toilet articles, ice; (b) construction and. building materials and supplies, and earttlmoving equipment and machinery; (c) electrical and gas generating and transmission equipment. parts and accessories; (d) charcoal briquettes, matches, candles. lamp illumination and heat unit carbides, dry batteries, light bulbs, fiashllghts, and hand lanterns; (e) hand tools (manual and power), hardware and household supplies, and equipment rental; (I) automotive parts, supplies, and accessories; (g) plumbing and electrical tools and supplies; (h) apartment, duplex, multi-family dWelling, rooming house, hotel and motel rental; (i) gasoline, diesel oil, motor oil. kerosene, grease, and automotive lubricants; OJ restaurant, cafeteria, and boarding-house meals; _ A-S-2 1.30 _ _ _ Appendix 5 to Annex U (k) services of roofing and building contractors, plumbers, electricians, mechanics, tree surgeons, and automobile wrecker companies; (\) medicir\e, pharmaceutical, ar\d medical equipment and supplies; (m) blankets, quilts, bedspreads, bed linens, mattresses, bedsprings, bedsteads, towels, and toilet paper, and (n) furniture and clothing. 8. SUSPENSION AND MODIFICATION OF ORDINANCES (a) The following ordinar\C€s and regulations are hereby suspended or modified as indicated: rUst the relevant ordinar\C€s and regulations] (b) The suspension or modifications of the ordinances and reguiations listed in Subsection (a) shall remain in effect until (date 60 days from the date these regulations are issued), or until the state of disaster is terminated, whichever is sooner. 9. PENALTIES (a) These regulations shall have the effect of ordinances when duly filed with the . County Clerk. (b) A person who violates any provision of these reguiations, upon conviction, is punishable by a fine of not more thar\ five hundred dollars ($500.00). 10. EMERGENCY This order shall take effect immediately from and after its passage and publication, and it is accordingly so ordained. PASSED AND ADOPTED, this _ day of , 20 . APPROVED, this _ day of ,20_ County Judge Commissioner Precinet #1 Commissioner Precinct #3 Commissioner Precinct #2 Commissioner Precinet #4 A-S-3 131 _ Appendix 5 to Annex U EMERGENCY POWERS CITY ORDINANCE WHEREAS, by proclamation issued [date of disaster declarationl, the Mayor declared a state of disaster for r ] resulting from [Briefly describe the situation); and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Executive Order of the Govemor Relating to Emergency Management; now, therefore, the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated: [Eliminate sections below describing measures that will not be used.] 1. CURFEW (a) A person shall not remain or travel upon any public or private property in the following area(s) between the hours of and _ _ [Insert description of applicable areas] (c) Subsection (a) shall not apply to: (3) a person authorized by the Emergency Management Direetor to assist in the produetion of the health, safety, or welfare of the public; or (4) a person who remains or travels upon private property which is owned by him or upon which the person has been invited. 2. MOVEMENT OF PEOPLE AND OCCUPANCY OF PREMISES (b) A person shall not remain or travel upon any public or private property in the following area(s): [Insert description of applicable areas] (c) Subsection (a) shall not apply to a person authorized by local government officials to assist in the protection of the health, safety, or welfare of the public. 3. UTILITIES All utility services shall be discontinued in the following area(s): _ [Insert description of applicable areas] A-5-4 132 Appendix 5 to Annex IT 4. FLAMMABLE PRODUCTS _ (c) A person shall not sell or give away gasoline or other flammable or combustible products in the following area(s): [Insert description of applicable areas] (d) All gasoline stations shall be dosed in the following area(s): [Insert description of applicable areas] 5. EXPLOSIVES (c) A person shall not sell, barter, loan, or give away arms, ammunition, dynamite, or other explosives in the following area(s): [Insert description of applicable areas] (d) All establishments where arms, ammunition, dynamite, or other explosives are sold shall be closed in the following area(s): 6. ALCOHOLIC BEVERAGES [Insert description of applicable areas] e (c) A person shall not sell or distribute beer, wine, liquor, or alcoholic beverages of any kind in the following area(s): [Insert description of applicable areas] (d) Subseetion (a) shall not apply to the sale of medicine which contains alcohol. 7. PRICE CONTROLS A person shall not sell any of the following goods or services for more than the price the person charged for the goods or services on (date of disaster declaration): (a) (b) (c) (d) (e) (f) (g) (h) (i) Ul _ groceries, beverages,.tbilet articles, ice; construction and building materials and supplies, and earthmoving equipment and machinery; electrical and gas generating and transmission equipment, parts and accessories; charcoal briquettes, matches, candles, lamp illumination and heat unit carbides, dry batteries, light bulbs, flashlights, and hand lanterns; hand tools (manual and power), hardware and household supplies, and equipment rental; automotive parts, supplies, and accessories; plumbing and electrical tools and supplies; apartment, duplex, multi-family dwelling, rooming house, hotel and motel rental; gasoline, diesel oil, motor oil, kerosene, grease, and automotive lubricants; restaurant, cafeteria, and boarding-house meals; A-5-5 :1.33 _ Appendix 5 to Annex U (k) services of roofing and building contractors, plumbers, electricians, mechanics, tree surgeons, and automobile wrecker companies; (I) medicine, pharmaceutical, and medical equipment and supplies; (m) blankets, quilts, bedspreads, bed linens, mattresses, bedsprings, bedsteads, towels, and toilet paper; and (n) fumiture _and clothing. 8. SUSPENSION AND MODIFICATION OF ORDINANCES (c) The following ordinances and regulations are hereby suspended or modified as indicated: [List the relevant ordinances and regulations] (d) The suspension or modifications of the ordinances and regulations listed in Subsection (a) shall remain in effeet until (date 60 days from the date these regulations are issued), or until the state of disaster is terminated, whichever IS sooner. 9. PENALTIES (c) These regulations shall have the effect of ordinances when duly filed with the City Secretary. _ (d) A person who violates any provision of these regulations, upon conviction, is punishable by a fine of not more than five hundred dollars ($500.00). 10. EMERGENCY This ordinance shall take effect immediately from and after its passage and publication, and it is accordingly so ordained. PASSED AND ADOPTED, this _ day of , 20_ APPROVED, this _ day of , 20_. Mayor _ A-5-6 1.34 _ _ _ Appendix 6 to Annex U DISASTER DECLARATION FOR THREAT OF WILDFIRES PROCLAMATION WHEREAS, Calhoun County has not had rainfall for an extended period and weather forecasters offer little promise of a change in the hot, dry conditions in the near future; and WHEREAS, these hot, dry conditions pose the threat of large, dangerous and fast- moving wildfires: and, WHEREAS, such fires have the potential of endangering lives and damaging property of a large scale; and WHEREAS, the Texas Disaster Act of 1975 authorized declaration of a state of disaster "if the threat of disaster is imminent'; and WHEREAS, the magnitude of the potential damage and the rapidity at which such a fire could escalate to major proportions constitute an imminent threat of disaster; and WHEREAS, declaration of such disaster authorized the imposition of controls on activities which tend to increase the likelihood of fires; and WHEREAS, such controls, once implemented, have the potential of protecting lives and property by mitigating the threat of dangerous fires; BE IT THEREFORE PROCLAIMED, that I , County Judge of Calhoun County, do hereby declare a state of disaster based on the threat of large wildfires in Calhoun County, Texas; and BE IT ALSO PROCLAIMED that this state of disaster will continue until rescinded in accordance with the above statute and order, but in no instance will this declaration continue for more than seven days without authorization by the Calhoun County Commissioners Court; BE IT ALSO PROCLAIMED that this state of disaster is being declared solely for the purpose of implementing controls aimed at mitigating the hazard posed by wildfires during the current ho~ dry weather. BE IT ALSO ORDERED THAT the purpose of this order is the mitigation of the hazard posed by wildfires by curtailing the practice of outdoor burning, which purpose is to be taken into account in any enforcement action based upon this order IN WITNESS WHEREOF, I affix my signature this _ day of ,20_ County Judge A-6-1 ::35 Appendix 7 to Annex U _ PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Disaster Act of 1975, a state disaster has been based on the iml11inent threat of disaster from wildfire; and WHEREAS, dedaration of such disaster authorized the imposition of controls on activities which tend to increase the likelihood of such fires: BE IT THEREFORE ORDERED that the following emergency regulations are hereby established for all unincorporated areas of Calhoun County, Texas for the duration of the above mentioned declaration; 1. Actions Prohibited: A person violates this order if he or she bums any combustible material outside of an enclosure that services to completely contain ail flames and/or sparks, or orders such burning by others. This Order is adopted pursuant to Local Government Code 3240.906, and other applicable statutes. This Order does not prohibit outdoor burning activities related to public health and safety that are authorize by the Texas Commission on Environmental Quality for (1) firefighter training; (2) public utility, natural gas pipeline or mining' operations; or (3) harvesting of agricultural crops. _ 2. Exception: If in the opinion of the Fire Chief of the area, or his designee(s), the controlled burn would be so situated as to pose no addition fire hazard during this period, and upon inspection the Fire Chief, or his designee(s), feel(s) that all necessary precautions have been observed, the Fire Chief or his designee(s) may issue an advance written waiver to the ban on outdoor burning. Any GCEQ penn its must still be obtained by the property owner. 3. Enforcement: a. Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. -, b. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. c. If in the opinion of the officer at the scene and/or the Fire Chief, the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers log containing the time, date, and place of the waming, and the name of the person receiving the warning. _ A-7-1 136 _ _ _ Appendix 7 to Annex IT e. In accordance with Local Government Code 3240.906(h), a violation of this Order Is a Class C Misdemeanor, punishable by a fine not to exceed $500.00. BE IT ALSO ORDERED that this order may be enforced by any duly-commissioned peace officer and that the venue for prosecution of this order will be the Justice of the Peace Courts of Calhoun County, Texas or County Court-At-Law, Pert Lavaca, Texas. This Order will be in full force and effect from for ninety (90) days. This Order shall expire upon the first happening of any of the following: 1. a determination is made under Subsection (b) of Local Government Code 3240.906 that drought condition no longer exist; or 2. a determination is made by the Commissioners' Court that the circumstances identified under Subsection ~(2) of Local Government Cede 8240.906 no longer exist. IN WITNESS WHEREOF, I affix my signature this day of County Judge Attest: County Clerk A-7-2 ::37 DISTRICT ATTORNEY'S OFFICE - SALARY ADMINISTRATION ISSUES Dan Heard, District Attorney, said he understood the Court's concern with supplements of his employees' salaries. He stated the salary study was good and helpful for the County. The supplements from the State were to enhance prosecution. Kathryn Ray had told him she took information from the District Attorney's office; in most counties, this is handled outside of the Auditor's Office. Mr. Heard asked that this matter be tabled to allow him to check with other counties and to look at his responsibilities and how he uses these State funds. _ ORDER TO ABANDON PORTIONS OF ROAD AND PARK IN ALAMO BEACH TOWNSITE IN PRECINCT #1 A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to abandon and close a portion of the Alamo Beach Towniste described as being a 0.15 acre tract, more or less, and a part of Houston Park and Alamo Boulevard, adjacent to Lot 6 Block 59 of the Alamo Beach Townsite as per Plat found in Volume V, page 01, Deed Records of Calhoun County, Texas as set out in the attached legal description and survey plat. Louis Jarmon (along with Calhoun County) is owner of the adjacent property. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. ORDER ONAPPLICATlON TO CLOSE AND ABANDON A PORTION OF A PARK AND ROAD AT ALAMO BEACH, CALHOUN COUNTY, TEXAS e BE IT REMEMBERED THAT THE COMMISSIONER'S COURT OF CALHOUN COUNTY on the 27th day of February, 2003, after notice in the newspaper and posting and pursuant to 317.001, 317.002 and 317.003 of the Texas Local Government Code upon hearing, motion, second, discussion and unanimous vote the Court closed and abandoned a O. I 5 acre tract of Houston Park and Alamo Boulevard of Alamo Beach Townsite next to Lot 6, Block 59 as per Plat or Record in Volume V, Page 01, Deed Records of CalhoWl County, Texas, as set out in the attached survey from David W. Gann dated October 2002. Louis Jarmon, is the owner of the real property located adjacent to the park and road abandoned, and said park property is described as being part of the Alamo Beach Townsite, being a 0.15 ace tract more or less and a part of Houston Park and Alamo Boulevard, adjacent to Lot 6, Block 59 of the Alamo Beach Townsite as per Plat of Alamo Beach found in Volume V, page 01, Deed Records of Calhoun County, Texas and as set out in the attached legal description and survey plat. No person appeared at the public hearing and voiced any objection to the action. IT IS THEREFOR ACCORDINGLY ORDERED BY THE CALHOUN COUNTY COMMISSIONERS COURT that the 0.15 acre tract described in the attached legal description and survey plat BE AND IS HEREBY CLOSED AND ABANDONED to the adjoining land owner Louis Jarmon on this the 27th day of February, 2003. _ :%,.lu. f' 9.:'~ Michale J. PfeIfer Calhoun County Judge '':'''38 _ I I I I. I I _ ,.... ... i... Louis Jarmon 0.15 Acre Part of Alamo Boulevard, And Houston Park, Alamo Beach Townsite, Narcisco Cabazos Survey, A-3, Calhoun County Texas. STATE OF TEXAS !i COUNTY OF CALHOUN !i DESCRIPTION of a 0.15 acre tract, more or less, being part of Alamo Boulevard and Houston Park, Alamo Beach Townsite as per Plat of Record in Volume V, Page 01, Deed Records of Calhoun County, Texas and is more fully described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the West corner of this 0,15 acre being described and being the North corner of Lot 6, Block 59, Alamo Beach Townsite. Said found 5/8 inch iron rod being in rhe Southwest line of Alamo Boulevard of the aforesaid Alamo Beach Townsite and being the South corner of a 0.24 acre tract ofland described as Tr~ct TwC' in an Order On Application to Close and Abandon a Portion of a Park at Alamo Beach, Calhoun County, Texas Recorded in Volume 288, Page 252 of the Calhoun County Official Records; THENCE, N 550 10' 00" E, passing at 70.00 feet a 5/8 inch iron rod with a red plastic cap found on line marking the East corner of the aforesaid 0.24 acre Tract Two and for a TOTAL DISTANCE of99.34 feet to a point for corner at the point of intersection with the existing shoreline of Lavaca Bay; THENCE, S ISO 35' 50" E, for a distance of 52.43 feet to a point for corner in the existing shoreline of Lavaca Bay; THENCE, S 090 30' IS" E, in a Southerly direction with the said existing shoreline ofLavaca Bay a distance of28.21 feet to a 5/8 inch iron rod with a red plastic cap set for corner at the point of intersection with the Northeast line of the aforementioned Alamo Boulevard; THENCE, S 550 10' 00" W, a distance of70.00 feet to a 5/8 ineh iron rod with a red plastic cap set for comer in the Southwest line of the aforesaid Alamo Boulevard and also being the East corner of Lot 6, Biock 59, Alamo Beach Townsite; THENCE, N 340 SO' 00" W (Base Bearing), a distance of75.00 feet to the PLACE OF BEGINNING; CONTAINING within these metes and bounds 0.15 acre, more or less, of which approximately 0.03 acre is in Houston Park, situated in and a part of the Narcisco Cabazos Survey, A-3, Calhoun County, Texas. Thc foregoing DESCRIPTION was prepared from an actual on the ground survey made under my direction and supervision in October 2002, and is true and correct to the best of my knowledge and lief ~t. OF rE, <0: ~ ii\~;f ;,;/-90' ~ ~:'~v ik <"6,." .,. DAviD W.'GANN' , . ....:~.'3ilf6' .~.:.. (-1~/~t;fSS\'?'::'o<i:: 'VI) SUR\J't." ~.g;/;f REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3816 NOTE: 1) Bearings are based on the recorded Subdivision Plat of Alamo Beach in Volume V, Page 01 of the Calhoun County Deed Records. 2) Comers are as shown on the accompanying Survey Drawing. .lob No. 2823.002 :':"39 S"11V "11V~ P"1f?f(OIVIO 77 7 ;::-. !:J E: VJ ~ ~ 0! i-. VJ (J '.:: LA V ACA BAy ,," "- .". ;y::: ::: :;' '" (ALAMO 515'35'50"E 52.43' 509'30'15"E 28.21' w b . -----v ~~ ell)==-- 0' f ~ '~~ ~ ~ pi BOULEVARD) LOOl g (1 g 0 Lf), -0 z. , o '" _/; 75.00' \ P.O.B.:E/(80S. 800r;ng) N34'50'00"W _ SOo ~8' fJ(f o.,~ -'t;. if, 0.18 AC. Tract 05,,; .,.. VOL 288, PG. 2 t; ofFICIAL RECORDS '!. 150,00' NJ4'50'OO~W -..J 0 2.4 ~C. Tract l'tlC ~ VOL 288. PG. 252 q, QFF1CIAL RECORDS HOUSTON PARK DOWLING PARK 75.00' 75.00' I': ~ g 5 8. 6 7 8 4 BLOCK 58 <- N o " q ,..-.. W W -.J f- V1 <l: W '--" 3 '" o " o. 10 20' MDE ALLEY 75.00' BLOCK 59 75.{)O' g " q 2 150.00' 15 14 ~13 8. 11 " o 8. '" o " q _ 12 1 NARCISCO CABAZOS SURVEY, A-3 A VENUE A VENUE) ALAMO (HOUSTON ALAMO BEACH TOWNSITE VOL. v. PC_ 01 \ \ ~ P LA T ~ II Denotes Set 5/8" I. R. With Plastic Cap (;) Denotes Fnd. 5/8" J.R. ( ) Denotes Recorded Plat Name I, DAVID W. GANN. A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON REPRESENTS THE RESULTS OF AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION IN OCTOBER 2002, AND THAT CORNERS ARE AS SHOWN HEREON. <40 ~ ~{!Pf REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3816 :\,<-OF rc-. ~\'- "'S/' .:.r'1 0,,'(,,1;>1 cR'.\\'" ~:'~ ~ ~6',~ .,. oAiili:i W.~GANN'" ....:,0...38.16..:..;:. . ('.1'0 ~'<'.~ -1';; ?'€SSI?.'Cl 'V() SiJR~'t." _ ,... NOTE: 1) METES AND BOUNDS DESCRiPTiON PREPARED WITH THIS DRAWING. 2) BEARINGS ARE BASED ON THE RECORDED PLAT. 3) NO EASEMENTS WERE LOCATED OrHER THAN THOSE SHOWN HE'REON. G & W ENGINEERS, INC. 205 W. L1VEOAI( 1-351-552-4509 PORT LAVACA, TEXAS LOutS JARMON BEING 0.15 ACRE, MORE OR LESS, SITUATEJ) IN AND A PART OF THE NARC/seo CABAZOS SURVEY, .1-3. ALAMO BEACH TOWNSITE. CALHOUN COUNTY, TEXAS. wn. b. a.w.D, recom'd b. C.W.C. dote: 10 J1-02 scale: 1~.. 100' 'ot> no.: 2823.002 drowin no.: 2B23002P APPLICATION TO CLOSE AND ABANDON ROADS AND PARKS AT ALAMO BEACH, CALOUN COUNTY, TEXAS TO THE HONORABLE COMMISSIONER'S COURT OF CALHOUN COUNTY: e Louis Jarmon is the owner of the real properties adjacent to the roadways and parks sought to be closed and abandoned, which roadway and parks are described as being part of the Alamo Beach Townsite, being a 0.15 aee tract more or less and a part of Houston Park and Alamo Beach Boulevard next to Lot 6, Block 59, more or less, as shown on the attached survey as per Plat of Alamo Beach found in Volume V, page 0 I, Deed Records of Calhoun County, Texas. Louis Jarmon is making application to the Calhoun County Commissioner's Court for the abandonment of this road and park property as described. A HEARING HAS BEEN SCHEDULED IN COMMISSIONERS COURT FOR: The 2. 7 +1.-.. day of F ek.rlA4~ ,2003, at 10: OOo'clock a.m. in the Commissioners Court Room, Calho County Courthouse, 211 S. Ann, Port Lavaca, Texas. At tbe hearing tbe Commissioners Court will determine whether the park and road property as described should be closed and abandoned. All interested persons desiring to protest the closing and abandonment is DIRECTED TO APPEAR AT THE TIME AND PLACE OF THE HEARING. Notice of this Application to close and abandon roads and parks at Alamo Beach, Calhoun County, Texas, has been published in the newspaper of general circulation in Calhoun County, Texas, once a week for 3 weeks prior to the scheduled hearing and has been posted for at least 2 I days before the hearing at the following locations: I. Courthouse Door in Calhoun County, Texas; 2. On the land sought to be abandoned at Alamo Beach; 3. On the door of the Circle H conveyance store near property. e This application is singed by eight (8) property owners in Precinct One (I) of Calhoun County, Texas. This application is governed by 251.051 of the Texas Transportation Code and its following provisions and 317.001 of the Texas Local Government Code and its following provisions. 1."_4'~m.~~ 20)...". .-::"--'. ~ 37J7d1rC'~f 1J;#~ 4g/~ LY~ e DEVELOP A PERFORMANCE PLANNING AND EVALUATION SYSTEM FOR CALHOUN COUNTY AND TRAIN CO{mTY SUPERVISORS IN ITS USE A Mo~io~ was made by Commissioner Floyd and seconded by Comm1ss1o~er Galvan that Commissioner Floyd be authorized to enter 1nto a contract with Ray Associats, Inc. and sign same, f?r development of a Peformance Planning and Evaluat10n Sy~tem f?r ~alhoun County Employees amd train C?unty superv1sors 1n ~ts use in two information sessions w1th paperwork and manuals at a cost of $14,950 plus expenses not to exceed $2500 to begin February 28, 2003. In discussion, Commissioner Floyd stated the funds budgeted ~ere not adequat~ and he used Pct #3 R&B funds (to be re1mbursed later, 1f possible.) Commissioners Galvan, Balajka Floyd, Finster and Judge Pfeifer all voted in favor. ' :':'41 e ay Associates, Inc. the public management company 1305 San Antonio Street Austin, Texas 78701 (512) 478-4699 FAX (512) 478-1049 E-Mail: rai@rayassociates.com February 18.2003 The Honorable H Floyd Calhoun County, Precinct 3 24627 State Highway 172 Port Lavaca. Texas 77979 Dear Commissioner Floyd: This letter lays out our proposed agreement for professional services as provided by Ray Associates, Inc.. to Calhoun County to develop a performance planning and evaluation system for the county and train county supervisors in its use. Scope of Services e This agreement covers the following servIces for the development of a performance evaluation system: Decision-Making Workshop For an employee performance evaluation system to be effective, the supervisors who will be expected to use and implement the system must embrace it and considcr it rclevant and important to their departments. For this reason, Ray Associates will begin the development of a new employee performance evaluation system by conducting an initial one-half day workshop with all county elected officials and department heads. Thc first part of the workshop will be instructive, covering the purpose of and reasons for conducting performance reviews; the types of performance evaluation systems in usc today and the advantages or disadvantages of each; and exploring each participant's past experience with performance evaluation. The remainder of the workshop will involve developing consensus among the parlicipants about what type of system will work for Calhoun County. We will ask participants to make several specific decisions as to how such a system should be structured and how the process should occur in order to be effective for their organization. A Customized System Ray Associates will then develop a customized performance evaluation system for the county and write procedures for administering and maintaining the system, in accordance e Over 20 'Years Leading and enriching public service through counsel. rnanaRement systems, and representation. 1.42 Calhoun Counly - Pe~/(mnam.:e Evu/ual;oJ1.\)J.\'h'lll F ehrl/ury /8. ](){)] !luge 2 (!t"] with thc decisions made by supervisors at the initial decision-making workshop. The system will include the necessary forms for condueting performance evaluations. e Training on the System Alter developing the system, Ray Associates will conduct a full day training session for all supervisors who will be expeeted to conduct employee performance evaluations. Numerous court decisions have held that if an employer requires its managers to conduct performanee evaluations of their employees, it must also train those managers in how to make the evaluations effective. Ray Assoeiates' performance evaluation training is conducted in an open manner that encourages and requires audience participation. Each participant will receive a workbook and will participate in written exercises, case study, and role-play. as well as watching informative videos on conducting effective employee performance evaluations. Two sessions will be set aside during the training day (one in the morning and another aftcr lunch, 30 minutes each) to provide an overview of the new system for employees. This will allow departments to send half of their staff to the morning session and the other half to the afternoon session and will introduce employees to the new system. During these sessions, each employee will be given a copy of the Employee's Handbook. Performance Evaluation Products e Ray Associates will provide Calhoun County with . A workbook of materials for consideration in the Decision Making Workshop; . Customized performance evaluation forms for the county; . A training manual for the full day Training Session for Supervisors; . A Performance Evaluation Handbook for supervisors; and . A handbook on Performance Evaluation to inform line employees on the ncw system. Each of these products will be provided to the county in seven bound copies and one camera-ready copy. In addition, the supervisor's and employee's handbooks will be provided in electronic form. Timeframe ilr The entire projec\,'Xill take approximately three months. Ray Associates proposes a start date of February J::f,' 2003, or upon approval of this agreement. This is a time-intensive process, and it will be necessary to coordinate with a key contact person in the county throughout the process. Cost The cost for the project is $14,950 plus reimbursement of reasonable and documented expenses. Expenses will include copying and printing costs of the workbooks lor the participants at the two training sessions, copying and printing costs of the handbooks for e ::43 Calhoun ('o1lmy - Pe/:f()f'/J/unce Eva/uatio/1 ,)'Y.l'fel/1 Fehrllwy IS. 21!1!3 Page] (ll] supervisors and for employees, and travel. and will be billed at actual cost 110t to cxcccd $2.500. Ray Associates will prepare and submit three monthly invoices, each equal to one-third of the total cost of the project, plus any allowable expenses incurred during that month. The invoices will summarize actiyities accomplished, so that progress on the project can be tracked easily. The final invoice will be payable upon satisfactory completion of thc work outlined in this letter of agreement. Ray Associates requests payment within thrcc weeks of your receipt of each invoice. e Authorization to Proceed If you have any questions about this proposal, please do not hesitate to call me, or, in my absence, to speak with Candice Chavez or Karl Spock. Again, thank you for the opportunity to again offer our services to Calhoun County. We look forward to hearing li'om you and to the opp0I1unity to work with you and your employees. I f this proposal is acceptable to you. this document can scrve as our contract. <fJ~ Calhoun County HF'-o'foJJ Kathe 'ne B, Ray, SPHR Ray Associates. Inc. KBR:spj e JOB DESCRIPTION AND SALARY STUDY FOR COUNTY EMPLOYEES - DESIGNATE ADMINISTRATIVE DEPARTMENT AND CONTACT PERSON A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to designate the County Jud$e's Office as the department to have the administrat1ve responsibility for maintaining the position description, salary structure and performance review components of the recently adopted Salary Administration Program and desi~nate Alene Hainey as the responsible contact person with1n that department. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. BIDS AND PROPOSALS - CONTRUCTION MANAGEMENT SERVICES FOR RRMlIDIATION. RESTITUTION AND REMODELING OF THE C'AJJIOUN COUNTY COURTHOUSE A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to authorize the County Auditor to advertise for "Request for Proposals" to provide Construction Management Services for the remediation, restitution, and remodeling of the Calhoun County Courthouse. e In discussion, Commissioner Floyd said the County Auditor advised that it is appropriate to use some of the $700,000 remaining insurance funds for these services, Also, changes to be made in the proposal: On page 2, under Project Budget, "Issue has been approved by the voters." to be added. On page l2, under Public Information, .,. nature, therefore not subject to public disclosure - the word "not" should be marked out. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. lAtl e e e ..Jr nlLll'lnf\WCL..L I O^' J .!.....u."'''-.l.'"f.l.'''+ I C;1oJ ,,-""t L\./V'" J.V"':'.L I. V.t::. CALHOUN COUNTY, TEXAS REQUEST FOR QUALIFICATIONS - RFQ No.: 03-02-24-Hf February J7, J003 By order of the Commissioners' Court of Calhoun County Texas (here after referred to as Owner) ,a sealed qualification submittal will be received to enter into a contract with a Con.truction Management Firm (here after referred to as CM) to provide professional services to oversee and manage the design and construction activities for a new County Jail and the remediationlrenovation of the existing County Courthouse. The enclosed REQUEST FOR QUALIFICATIONS (RFQ) is for your convenience in submitting an offer for the requested service to CALHOUN COUNTY. CALHOUN COUNTY appreciates your time and effort ill preparing this submittal. Please note that all SUBMITIALS MUST BE RECEIVED AT THE DEDICATED LOCATION BY THE DEADLINE shown. Proposals received after that deadline will not be considered. The Opening is scheduled to be held in Commissioners Courtroom, Calhoun County Courthouse Port Lavaca, Texas. You are invited to attend. If you do not wish to submit a qualification at this time, but wish to remain on the bid list for this type of service. please lubmit a "No Offer. by the s~me time and to the same localion listed above. CALHOUN COUNTY is very conscious of the time ilnd effort required to submit an offer. We would appreciate it if you would indic"te on any "No Offer' response, any requirements of this RfQ which may have Influenced your decision to "No Offer.. The CALHOUN CONTY Is an equai employment opportunity employer. The County does not discriminate on the basis of race, color, national origin, sex, religion, age, and handicapped Sllltus in employment or the provision of ,.rvice. RFQ - INFORMATION OUTLINE Section 1 Introduction Section 2 Notice to Respondents Section 3 Submittal Requlremencs Section 4 Scope of Work Section 5 Terms & Conditions Section 6 Execution of Offer Section 7 Respondent's Questionnaire '::'45 ~IHWI.IH^Wt.LL rd.)"", r J.,.ULLJ.~J.~ reu ~~ LVV~ J.O'LJ. I.U,) e SECTION 1 INTRODUCTION Background Information Calhoun County is located on the Gulf Coast approximately 130 miles south of Houston, TX and apprOXimately 90 miles north of Corpus Christi, TX. It is surrounded by Matagorda, Jackson, Victoria, and Refugio counties. The Couney population Is approximately 22,000 with approximately 11,000 residing in the City of Port Lavaca, the County Seat. Until recently Calhoun County did operate a fort,-eight (411) bed jail with an approximate equ;ll number of additional prisoners being housed in ava/lab:e/ail space of surrounding counties. This forty-eight bed jail was located on the third floor of the COJnty CourthQuse. A May 2002 inspectio" by The Texas Commi..ion On Jail Standards identi'ied viol.tlons which subsequently led \0 their voting 10 close the jail on August 15, Z002, Curremly the county is using temporary booking and holding facilities with all inmates being housea Ii', the jai:s of surrounding counties, In mid 2001, envlronmenlJllesting and evaluatio" of the Calhoun County Courthouse Identified certain strains of mold which subsequemly resulte! in the relocation of certain countY offices .nd the closing off of various areas of the courthouse. Aithou6h a tentative settlement has been reached with the (QUl1ty's Insurance carrier, no remediation or restitution work has been initiated to date. In late 2001, a committee of five (5) prominent county residents was appointed by Commissioners' Cour! to supervise the services of an outside professlonai organization (The F.cility Croup) in conducting (ll a 'Jail Feasibiiity Study' and (2) a 'Courthouse Needs Assessment Study'. The report from this committee was received by the COmlT':i~li;oners' Court on August 7, 2002. In summary. the recommendations of this appointed committee were as follows: . Constructiol1 of a ninety-six (96) bed Jail with exp"ns'pn capacity to one hundred forty-four (]44) beds on a site in the immediate vicinitY of the p,";sting courthouse. . Remediation, restilUtion, and re-modeling of t(,~ existing courthouse to provide for more efficient al1d effective use of the available '!"jCe. e An architect has been selected for the design Of [he Jail project but not the Courthouse, The County has committed to buiiding a jail with a one hundr,,, forty.four (144) bed capacity. Project Description Design And Construction Of A New County Jail & Remediation/Renovation Of The Existing County Courthouse.... Project Team The core projeCt team will consist of the Owner, fhe AlE firm, and the CM firm. Other consulting firms will be commissioned as req"lred by the project. Project Schedule The jail project [s currently in the pre'im, nary design phase. Construction documents are scheduied to be completed by the end ,,( September, 2003. The courthouse schedule is to be determin','<l, Project Budget X~<I/I,- Nftl I3r::I<N Aep/<o V,e,) B" The jail project budget is to be refined. A S8.SM bond has been issued. T,-t f_ Yo r K(< J The courthOlJse project budget is to be determined. The budget for construction is Included within the project bud8et, e 2 146 """HJJ'''"'................. ......" '-'-''''-~::''..,....-; ........ .....,. ............."" ........." , .V"'t SECTION 2 NOTICE TO RESPONDENTS e Submittal Deadline Sealed Submittals Shilll be received 110 later than Thursday, April 3, 2003. Mark envelope: "RFQ NO. 03-Q2,2+HF Construction Management Services For The Design And Construction Of A New County Jilil 8. Remediation/RenOVation Of The Existing County Courthouse.. Delivery and Acceplance Submittals are to be delivered to; Office of Calhoun County Judge Caihoun County Courthouse 211 S. Ann Street Port Lavaca, TX 77979 Telephone and Facsimile (FAX) submittals are not acceptable when in response to this Request for Qualifications. Late submittals properly identified will be returned to respondents unopened. late submittals will not be considered under any circumstances. Question. &. Inquirie. All questions prior to submittal deadline should be directed to: H. Floyd, Calhoun County Commissioner, Prct. 3, at (361) 893-5346. e Addenda Response to inquiries which directly .riect an Interpretation or change to this RFQ will be issued in writing by addendum and "i.lled to all partie, recorded as having received the RFQ. All such addenda, issued prior to the eime submittals are received, shall be considered part of the RFQ, and the respondent shall be required to consider and acknowledge receipt of such in its submittal. Respondents receiving this RFQ other than directly from Calhoun County are responsible fur notifying Calhoun County that they are in receipt of a submittal request and are to provide a name and address in the event an addenda is issued. Only formal written addenda replies to inquiries are binding. Oral and other interpretations or clarificatioOli. "Will be without !@sal @Iffect. T~o ",u.pondent must acknowlodso all addenda by signing each and attaching 10 the submlnal. 3 e :':"47 01 nWI'lnnWL...L...L... I UA'I .1.,,",-'.-'..1..1."+."" I ...."" .I...,. -'.vv,,", .I.V 0"'4 f .V...J e SECTION 3 SUBMITTAL REQUIREMENTS Format Submittals must be typed on letter-size (8. i/2' x 11') paper. Submittals should be submitted in a binder. Preprinted materials shou!c' be 'eferenced in the submittal and included a' a labeled attachment. Exe<ution Of Offer Respondents must <omplete. sign and reMn the ,.Harhed Execution of Offer, Se<tlon 6, as part of their subminal. This form must be signed by a company officialis) authorized to commit such submittals. Failure to Sigll and return these forms will subject your submittal to disqual ificillion. Respondent Questionnaire Responses to this RFQ should consist of answers t.:l required questions in Section 7, Respondent Questionnaire. It j, not necessar\, to ,'epeat the question in your response, however, it is essential that you reference the que~tion number with your corresponding answer. In cases where the question does 'lot apply or if unable to respond, reference the question number and indicate N/A (Nut Applicable) or N/R (No Response), Briefly explain your reason when re,ponding N/R. Dr not list more than the requested examples and/or references. e Pricing Submittals shail not include proposals or fees, pricing, or other compensation. Such information wiil be solicited from respondents in a subsequent RFP. submittal Identification Show the Request for Qualification number and s Jbmittal date in the lower left.hand corner of your sealed submittal envelope (boxlcontair,er); The materials. submitted must be sealed. The package must clearly show the submittal deadline, the RFQ number, and the name and address of the respondent. Copies Six (6) copies of each ~ualifieation wiil be ,ubmitted with the respondent's initials on each pcse of o"e c:opy e 4 148 e e e ~IHWI'IH^WC.LL ro;:lx.(J..,;)~'::".LLtJ.."-+ r~u 44 4UV~ LO:LL l""'.UC SECTION 4 SCOP~ OF WORK The C.M. will be the Owner's represenlalive with primary responsibility for coordinating resolution of design issues, managing the bidding pro,"s>, and managing construction work to ensure that the programmed requirements are me!, budgets and schedules are maintained, and that the Owner's interests are being fully represented, The C.M. will be expeL1ed to work as . team member in close concert with the Owner, Archltecr, and olher project consultants to assure that the best intere,t of the Owner is being upheld. The scope of work is divided into five (5) task categories: I. Project Administration - These tasks are g~",eral project coordination tasks that extend through all phases of the project, Activities Include initial development of forma'ls and regular monitoring of activities. II. Remediation Coordination - This lask is unique to the Court House and Involves the coordination of specialty consultants and contractors with the Own@r, the design team, and the construction team. III. Design Ph.se - These tasks start with programming and extend to the start of construction. IV. Construction Phase - These tasks start with construction and extent to Substantial Completion and/or occupancy of the project. V. Occupancy Phase - These task sran at beneficial occupancy (Date of Substantial Completion) and extend to the completion of the punch list and c1ose-out documents (Final Completion]. A detail description of tasks by category Is listed 0" the following pages: 5 l49 ~l""HW\YIH^Wl:.LL ,OA'l J.-..JLLLJ........ l....io.I .(.""'1 .(.vvv .a.V".r."'T I,VI _ I. Project Administration Tasks Assist tne Owner in tne f'rocurement Process . With the project team, identify o~tside so~rcin~ ..q~irements . Prepare RFP's for profeSSional services, FF&E 'I"ndors & material s~ppliers . Assist with the analysiS of proposals . Assist with the selection and award of conncts . Prepare agreements . Assist With the selection and ordering of Own.}r FF&E items Or~anL.e the Prolect Team . With the Owner and project team, establish and record prOject goals , Define the roies & responsibilities of the major design and construction team members . Establish protocol and information flow proced~res Develop a Workolan , Develop project tasks with team member responsibilities , Define req~ired deliverabies . Establish an approval process and identify aPP';,',al responsibility Preoare Protect ProcE!d~res . Develop formats for team member project reporting . Establish payment sched~ies , Develop an approval process for project revis;uns Control Protect Costs . Develop a master project budget to include constr~ction costs and other cost as designated by the Owner , Prepare construction cost estimates at prescribed intervals( Program, 50, DD, 50%CD) . Prepare and update a project casn flow report . Monitor all project costs and ~pdale the project b~dget e Control Prolect 5ched~le . Develop a master schedule to include th~ deslii' phase, construction phase and occupancy phase . , Track the progress of all sched~led elemer'\< ~nd update the project schedule Provide Proiect Reviews & 'nspeetlons . Coordinate all .agency reviews and inspectionj . Periodically review ,he project with project in'surane. providers for design and construction input . Conducl quality assurance fieid inspections and prepare stat~s reports Pre Dare Progress Reoorts Attend ali project meetings and publish action item notes Prepare exec~tive summary reports in a format approved by the Owner Mana~e all Prolect Contracts , Monitor all project agreements (or scope of wo'k compliance , Track and approve progress payments . Provide dispute resolution when requirer _ 6 150 _ e _ ~f';[Z .'~'~:~:,:ir-r .~ Fax. ?12>21~1~J.4 r~~ ~~ ~uu~ ~O~L~ t".U~ II. Remediation Coordination Tasks Analvze ExistinR Data . Review and evaluale all testing reports, proposea remediation plan, and Insurance claims . Gather all information about activities and cos', associated with interim preventive measures Assess the Scope of the Problem . Identify moiSTure problems and extent of damage . Recommend any addiTional studies and/or investigations into affected building systems . Recommend procedures to mitigate problem. i.e. repairs vs remodeling Develop a Remediation Plan . Work with the Project team to refine a plan thaI integrates repairs, remediation, renovation and operational activities within the courthouse . Work with the Owner to schedule relocation of occupants including identification, assessment, and required improvements to temporary facilities Select and Coordinate the Work of a Remediation Contractor . Based on the remediation plan solicit bid. irol1'. remediaTion contractors . Schedule and coordinate the work of the rem~diation contractor . Work with the Indoor Air Quality (lAQ) speciaiist and the remediation contractor during retesting and evaluation of affected .ystems af:er demolition and clean-up . Refine the remediation plan as required . With the GC and/or remediation contraclor, establish scope and costs for any unanticipated repairs . Coordinate repair work with the remediation contractor and/or GC Determine Financial Resoonsibilltv . Prepare a budget that includes existing, committ./j aild estimated remediation costs . Classify remediation costs and improvement co,ls . Update and monitor the budget throughout the construction process . Work with the insurance provider to obtain aquitabi. damage reimbursements including relocation, operational and rebuiiding costs Prepare a Maintenance Plan . Reevaluate the initial cause of damage with the IAQ specialist and remediation contractor . Prescribe a continued maintenance strategy for the Owner(th;. plan should include surveillance, scheduled preventive maintenance, and housekeeping procedures 7 '::'51 "r>HWMHI\Wt.LL rdX. (l.JLLL1~J,t.+ rcu ~~ ~vv~ ~V',~ r. V~ e III. Design PhaJe Tasks Provide Pro~ram Refinement and Verification Reviews . Review all evalvations, feasibility swdles, needs assessments, and testing reports . Advi,e the Owner as to the completene55 and applicability of previously prepared Information . With the proje_t team determine the physical area and use requirements of the building program and equate these requirements Into preliminary con,tryctlon costs . Adj ust the program to the needs of the Owner Provide Constructabilitv Reviews Provide recommendations and information to r;,. ProjeCt Team regarding the following: . Completeness of the design dellverables . Requirements for installation and construction . Selection of building materials and systems . General cost and schedu Ie factors . Fa_ility operations and maintenance . Construction procurement strategies. All items resulting from this review will be presented to the Owner and the Architect. The Owner's approval is required before changes "re implemented. e Provide Value En2ineerin~ Studies . Participate with the Project Team in identift';Cl8 specifiC building systems, materials, construction methods, etc. that will have significant Imr.act on the initial costs and life cycle costs of the project . Evaluate these items in terms of cost and valuf' to the Owner All modifications to the design resulting from these reviews will be presented to the Owner by the Project Team, The Owner's approval of these recommendations Is required before changes are made. Earlv Order of Owner Suoolled Materials and/or Equipment . Identify all items that will require early order to meet the Owner approved project schedule M"ist the OwnE'!r and t"~ dA~isn te::l.I'T'1 il"l rno- ~ped(ic~tioni and order pl.cement of these items e 6 :152 e e e ::OI"HWl'irl^Wt.LL l-dA' r J...;.o::;.::':::'.i'-tJ.'-t I 1:;1..1 "'.... LV...,'" J-V''''V '. ....V IV, Construction Ph..... Tasks Provide On-Site Administration . Provide a high level of management services bv having a representative on the site to monitor the below listed tasks. (frequency to be determined by the Owner) Coordinate the flow of Work between all Contractors . Review and integrate the work schedules of the various contractors, vendors and material suppli.rs under contract with the Owner . Ensure that work is proceeding In sequence to allow presCheduled activities Schedule and Coordinate all Owner provided Technical Reoresentation . With the proj.ct team compile a list of all professional technical representatives required . Schedule the work of these professionals accordingly with cOnstruction activities . Review all reports and/or request and tilk. li'propri.,e action Conduct Field Inspections . Insure the compliance of the construction wo";, with the contract documents . Provide construction change directives as authorized by the Owner Monitor Proiect Revisioos . Review all RFI's, . R.view all PR's before they are submitted te; the contr~ctor . Investigate all PR's not Initiated by the Owner . Review and approve all change orders before giv"n tOJ the Owner for approval Coordinate So Schedule Own.r Supplied Materials . ^' approved by the Owner coordinate the assign meN of selected early order items to the contractor . With the Bill Of Materials, schedule and expeulte the delivery of remaining items that are the responsibility of the Owner Esrabli$h 8encfici:l1 Occupancy . Review the work for completeness . Work with other cons~ltants and vendors (reiocatlon, voice/data, furniture, etc,) to sched~le a move.in date . Work with technical representative and the contra'~t~r to ensure start ~p of all building systems . Prepare a Certificate of Substantial Compietion 9 l53 ;;t'i-IWI~Hi\iJJt.LL I d.)\, , r 1':>LLL1'"lo.1.'"lo rcu L~ LVVv ~V"V r ,J.J. e v. Occupancy Phase Task> These tasks can overlap the construction phase tasks if partial occupancy is granted before Substantial Completion is obtained Coordinate Close Out A<:tivities . Prepare and/or assemble punch lists, then distribute to appropriate <:onuaClors/vendors . Work with the various contractors in demobililing facilities and maintaining project representation . Review all close out documents for completeness Coordinate Agency Inspections . Schedule and participate In all inspections . Review report' and take appropriate action . Prepare agency responses if required Monitor the Installation of FF&E item, o Resolve any dispute between the various contraClors, vendor>, and Owner concerning damages during move-in . Coordinate, with the Owner and the design team, the needs and methods (or procurement of additional Items identified by the occupants e Assist in Relocation Activities o Ensure that critical contractors and/or venO",s have technicians available for move-in o Assist the Owner in the demobililation o( ternpurary facilities Assist the Owner In Identifyin~ Potential Warranty Issues . List items of concern, assemble contacts, and prescribe repair procedures e 10 154 _ _ _ ';'1-rlWI'if1,\wc:..L~ r~^. r .i.,JLL.L..I........~ r~u ~4 ~VVQ lO'LO r'.J.L SECTION 5 TERMS & CONDITIONS Selection Process The process used for selection of the C.M. will "0 conducted in two distinct steps. The Owner reserves the right to terminate the relationship ",:th any'" the participating respondents at any time in the process, for any reason, and without pen,lry or cost to the Owner, for any services or efforts rendered. The steps to be utilized will be as (olloy(s: . STEP ONE: This is a qualification process to select two or three of the more viable respondents for participation In the Step Two Process. . Selection of the respondents (or Step Two will be based primarily on the Owner's review of all information and references included in this qualification submittal. All submittals will be evaluated 0'1 the Criteria for Qualification listed below. A rating will be applied to each criterion. Thisrating will be from i to 10 with 10 being the highest. The rating will be multiplied by the indicated criterion percent.ge and then totaied (or an aggregate score. No Pricing information will be solicited at this ti;-ne. Criteria for Qualification Criterion 1 (20'/0) Nlility to provide CM se vices Criterion 2 (20~.) Experience directly related to tha scope of this project Criterion 3 (20%) References from clients ior whICh similar work has been done Criterion 4 (20%) Experiel1ce and capability of staff Criterion 5 (20%) Proposed project approach . STEP TWO, The second step will consist of. verbal requf,;t for a proposal and interview. Each respondent will submit a written fee proposal. An interview with each respondent will be sch~duled. The major purpose of this step is to ",.;,,,lish a detalied understanding of the respondent's experience, qualifications, and dis<.uss each specific proposal for management of this project. Since it is the Owners option to negoiiate the contract for these Construction Management Services the proposal will include a breakdowc pre,enting all fees, markups, expenses, charges, etc. An award may be made on the basis of th~ proposals submitted, without discussion, clarification or modification, or, discussions with tne sel.cled respondent may be conducted concerning costs and other elements of the proposal. If a contract with the selected respondent cannot be reached. discussions will be terminated with that respondent. Negotiations will be continued with the other quailfied respondents In order of qualification ranking until a contract is reached or all proposals are rejected. 11 ::'55 ~r'HWMHXWt.LL rd):" (,L-:;l.c.c.::J.....J..... leu "'... "VV-..J J.V''''' I ..J...... _ Acceptance of Evaluation Methodology Submission of qualifications indicates the' espondent's acceptance 01 the evaluation technique and respondent's recognition that subjective judgments must be made during the selection process. Eligible Respondents Only individual firms or formal joint ventures may apply. Two firms may not apply jointly unles, they have formed a joint venture. Any associates will be disqualified (this does not preclude a respondent from having consultants). The architect or engineer lor this project is ineligible. Award The Commissioner's Cour! makes no gua(.ntee that an award will be made as a result of this RFQ or any subsequent RFP's, and rese,ve, the right to accept or reiect any or all submittals, waive i1ny formalities or minor technicill inconsistencies, or delete any itemlrequirements from this RFQ or resulting RFP or contract when deemed to be in the best interest of Calhoun County. Representations made within the qualifications submittal and any subsequent proposal will be binding on the respondent. Cillhoun County will not be bound . to act by i1ny previous communication or information submitted by the respondent other than this RFQ. Public Information Calhoun County considers all iniormation, documentation and othel' materials reGuested to be subrnined In response to this request to be of a nol1<onfidential and/or non-proprietary nature "-nd therefor~--subject to public diSClosure. _ In,urilnce Requirements For any contra~ resulting from this sU'Jmittal, the respondent will be required to carry the following insurance with the listed mihimu',n amounts of coverage: Worker's Compensation: Stiltutory Employer's Liability $100,000.00 eilch occurrence $300,000.00 aggregate $ 1 ,000,000.00 each occurrence 52,000,000.00 aggregate $500,000.00 combined $ 1 ,000,000.00 Comprehensive General Liability Automobile Liability Professional liability Con"lpliance SlIbmittals must comply with all applicable Idera!, stale, COUllty, and local laws, regulations, and codes. e 12 - ~56 _ _ e 0r MWl'lnAWCLL J OA'I J.....J~L.LJ.<-+J.... leu 4"'t ':::VU....J .LV'L( r.J.4 SECTION 6 EXECUTI ON OF OFFER THIS EXECUTIO,'1 OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE RESPONDENT'S QUALIFICATION SUBMITTAL, FAILURE TO COMPLETE, SIGN, AND RETIRN THIS EXECUTION OF OFFER WITH THE QL..ALlFi;,;ATION SUBMITTAL MAY RESULT IN REJECTION OF THE QUALIFICATION SU8M'F.~L. SIGNING ^ FALSE STATEMENT MAY VOID rHE SUBMITTED QUALIFICATION OR ANY PROPOSAL, AGREEMENT, OR OTHER CONTRACTUAL ARRANGEMENTS WHICH MAY RESULT FROM THE SUBMISSION OF THE RESPONDEN';'S QUALIFICATIONS. A FALSE CERTlFICATlO SHAll BE DEEMED A MATERIAL BREACH Of CONfLlCf AND, AT THE OPTION OF CALHOUN COUNTY, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT OR PURCHAE ORDER. By signature hereon, respondent acknowledges and agrees that (1) this RFQ is a solicitation for information and Is not a contract or an offer to contract; (2) the submission of. proposal by the respondent in response to this RFQ will nol create a ,ontract between Calhoun County and the respondent; t3} Calhoun County has m~ide no representation or warranty{ written or oral, that one or more ,ontracts with Calhoun Counry will be aworded under this RFQ; and (4) the respondent shall bCClr, CIS its sole risk and responsibility, any co::;! wt"lich arises from respondent':i preparation of a response to this RFQ. By signature hereon, the respondent affirms that he has not given, nor intents to give at any lime here2fter. 2ny economic opportunity. future employment, gift, loan. gratuiry. special discount, trip, or favor to a pubiic servant ill connection with this submittal. By signature hereol1, a corporate respondent certiiies that it is nor currel1rly delinquent in the payment of any Franchise Ta,es due under Chapter 171, Texas Ta, Code, or that the corporate respondent is exempt from the payment of sucl\ taxes, or that the corporate respondent is.1n oUI-<>I- state corporation that is I10t subject to rhe Texas Fronchise Tax, whichever Is applicable. By signature hereon, the respondel1t hereby certifi", that neither the respondent nor the firm, corporation, portne"hip, or institution represented by the respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, et. seq" Texas Business and Commerce Codet or the Federal antitrust laws, nor communicated direCTly or indirectly this submittal to any compt'titor or .ny other person engaged in such line of business.. By Sian..lturl? h,~rcon. rej~)(lndenj- n~pre"entlO lJr,d w!lrranb. th.,t: Respondent i, a reputable company regularly el1gaged In providing product, and lor services necessary to meet the terms, conditions and requirements of this RFQ; Respr,ndenl has the necessary experience, knowledge, abilities, skills. and resources to s.nisfactorily perform the terms, conditions, and requirements of this RFQ; R0spondent is ~ware of, is fully informed about} and is in full compliance with .all applicable federal, srate, county, and local iaws rules, regulations and ordinances governil1g the proposed project; Respondent understands Ii) the requirements and speciflcalior1' set forth In this RFQ and (ill rhe term!> Clnd conditions liet forth in the ^sreement ul'lder whkh respondent witt be required to operate: Respondent, jf selected by C~lhoun COl.m'Y, will nlijimajn In,urd.I1ce as required by the Agreement; 13 :::"57 )r'HwrIHxwt.LL i ax; ( 1")"",, 1'+14 r~u L~ LUU~ lO;L~ r'.1:> _ All statements, information and represefltatJons prepared and submitted in response to this RFQ are current, complete, true, and accurate. Respondent acknowledges lh.t Calhou/1 CQunty will rely on ~l,Jch stalements, information, and representations In selecting the successful respondent. If selected by Calhoun COUllty a~ lhe successful I respondent, respondent wilt notify Calhoun Counly immediately of any material changes In any mane" with regard to which respondent to whien to which respotldent has made a statement or representation or provided information. By sign~ture hereon, respol1dem certifies Th.1 the i'ldividual signing This doeumel1t and the documents made part of the RFQ is authorized to sign such document on behalf of the company dnd to bind the company under any agreement or othet contractual arrangement, which may result from the submission of respondent's submittal. By signdture hereon. respondent certifies that if i3 Texas dddr~ss is shown as the address ofthQ re'pondent, respondent q"alifies as . Tex:\> Resident Respondent as defined in Rule 1 TAC 111.2. Piease complete lhe following: Respondent's FEI No: If Sole Owner: Respondent's SS No.: If a Corporalion : Respondent's State of Incorporaiion: _ Respondent's Charter No" Please identify each per<on who owns at leasl2S% of Respondent's business entity by name and social security number: Name Social Security Number Name Social Security Number Social Security Number Name Name Social Security Number Submitted and Certified By; [Respondent's Name) 'Authorized Signature) (Printed Name! Title) (Date) e (Telephone Number) (Street Address) (Facsimile Number) (City, Stale, Zip Code) 14 1.58 e e e "r-HWMHXWl:.Ll. r-ax; ( l';)LLL 1414 rea L4 LUU~ lO;L~ t". 10 SECTION 7 RESPONDfNT'S QUE5TlONNAIRt Criterion 1 Queslion 1 Question 2. Question 3. Question 4. Question 5. Question 6. Question 7. Ability to provide eM se..i.:es Legal Name of the company: Address of office which will .:le providing services: Number of years in business' Type of Operation: Individual: Partnership: Corporation: Government: Number 01 employees: - - - - Annual sales volume: State that you will provide a copy of your company's financial statements for the past two (2) years I ( requested. Provide a financial rating of your compa.ny or documentation including a Dunn and Bradstreet analysis, which indi,ates the financial stability of your company. Is your company currently for sale or involved in any transaction to expand or become acquired by another busI',ess entity? If yes, please explain the impact both in organizational and directlenol terms. Provide any details of all past ~r prmding litigation or claims filed against your company that would affect your rompany's performance under a contract with Calhoun County. . Is your company currently In default on any loan agreement or financing agreement with any bank, financial institution, or other enity? If yes, specify date(s), details, circumstances, and prospects for resolution. Does any relationship exist whether by relative, business associate, capital funding agreement or any other such ki.oship exist between your company and any Calhoun County employee? If yes, plea;e expl.ln. Question e, What difficulties do you antl~ipatp in serving Calhoun County and how do you plan to manage these? What asslstante will you require from Calhoun Countyl Question 9. Describe your company's se.,'lce support philosophy, how is it carried out, and how success in keeping this pMiio!ophy is measured. Question 10. Provide details regarding any special services or product characteristics, or other benefits offered or advantages in ,electing your company. Question 11. Describe your firm's demonstrated technical competence and management qualifications with institutional CM projects. Criterion 2 Experrence directly related to the scope of this project Question 12. List a maximum of ten projects for which your firm has provided/is providing comtruction management service'! y......hich are most related to this project. In determining which projects are most related, consider: reJated size and complexity; how many members of the prc':""sed te.m worked on the listed project; and how recently the project was compieted list the projects in priority order, with the most related listed first. 15 ~59 vr MW!'IMAWC'.LL rOA' r l.....u.~~l.'-tJ."+ reu L4 LUU0 lO'4~ r-.H _ Quesrion J3. For each of the projects listed in your response to Question 12, provide the following information: Construc(.Jn cost, current phase of development, estimated (or past) completion date, type oi professional services provided (eM at risk, CM- agency, design.build, general contractor, etcJ, Owner contact person and telepnone number, and tne name and telepnone number of the project arcnitect. Describe tne lYpes or records, reports, monitoring systems, and information management systems which your firm used in the management of the projects listed in your response to Question 12. Describe how you used these systems for three of the projects listed in your response to Question 12. Question 14. Question 15. For three of the projects listed in your response to Question 12, describe conflicts or potential conflicts with tne Owner, architect, or contractor, and describe the methods used to prevent and'~r I~soive those conflicts, Question 16. Describe your company's qua';ly ,.ssurance program, what are your company's requirements and how are they rT1easuredl In particular, describe the way your firm maintains quality control during the design and the construction phases. For three of the listed in your response to Question 12, provide specific examples of how those techniques were used. Question 17. Describe your cost control methods for the design and construction phases. How do you develop cost estimates and how oflen are they updated! For tnree of the projects listed in your response to Question 12, provide examples of how tnese techniques were used and what degree of accuracy was achieved. Inciude examples of a successful constructability program used to maintain project budgets without sacrifidng quality. e Question lB. Describe the way in which your :irm develops and maintains project schedules. How often do you update schequlesl For three of the projects listed in your response to Question 12, pro'tide examples of how tnese techniques were used. Indude specific examples of khedullng challenges, and how your firm helped solve tnem. Criterion 3 References from clients for which similar work has been provided Question 19. Provide a customer reference list of no less than three (3) organizations with whom the respondent currently has contracts with and/or has previously provided construction management of equal type and scope witnin the past five (5) years, The reference list is to include. company name, contact person and telephone number. project description, [engtn of busines!:. rel::l.tion~hjp and back.e;round of project (year of project, summary of work performed, etc.). Criterion 4 Experience and capabilities of ,laff Question 20. Describe your company organilation with clear lines of authority and communication. Provide an orga~izational chart depicting roles and responsibilities. Question 2'. List the total number of the flrm's personnel, for the applicant office location. List these people by skill group (e.g. project managers, estimators, professional architects/engineers, project engineers, superintendents, etc.) _ 16 .' :;..60 J e e _ vi . ,W,II II\W'-l....1..- I O^' I J.vL4L..I.'-t,L.t rc~ 4~ 4VV~ ~Q.~U t"'. its Question 22. Name all key personnel who will be part of the construction management team for this project and provide their city of residence. Provide summary resumes fOr the proposed project team members, Including their specific experiences with similar projects, and number of years with your company. D@scrib@ in d@tail the experience and expertise of each team member, (note: Key personnel must be committed to this project for the du,.tion unless excused by the Owner.) Question 23. For each project lis! in your response to Question 12, list the members of the proposed team for this project who worked on each listed project and describe their roles in those projects. Question 24. if the team as a whoie provided const/uction management services for any of the projects listed in your respOnse to Question 12, so indicate. Question 25. Respondent's Consultants: Name any consultant which are included as part of the proposed team. Describe each consultant's proposed role in the project and its related experience. List projects on which your firm has worked with the consultant. Criterion 5 Proposed project approach Question 26. Summarize your approach to the management of this project including team organization, cost & schedule control, quality assurance, and general administrative activities. 17 :;"61 DESIGNATE COMMISSIONERS I COURT REPRESENTATIVES FOR REMRDIATION. RESTITUTION. AND REMODELING OF THE CALHOUN COUNTY COURTHOUSE A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to appoint Commissioner Floyd and Judge Pfeifer to act as Commissioners' Court representatives for the remediation, restitution, and remodeling of the Calhoun County Courthouse. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. e GENERAL DISCUSSION - CALHOUN COUNTY MUSEUM Cherri Cain, with the Calhoun County Museum Committee, advised the Court the Museum Committee received unanimous approval from the Port Lavaca City Council to lease from the City an area of 10,000 square feet on the west side of the parking lot of the Bauer Center at a cost of $1.00 per year for 99 years to be used for a museum. They can now proceed with plans for an architect, etc. EXECUTIVE SESSION - POTENTIAL PROPERTY FOR NEW COUNTY JAIL The Court, being in open session, in compliance with the pertinent provisions of the Vernon's Texas Code Annotated, Government Code, Section 551, Subchapter D, the County Judge, as presiding officer, publicly announced at 11:32 A.M. that a closed session would now be held under the provisions of Sec. 551.072; a governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property in deliberation if an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Define potential property requirements and availability for construction of a new county jail. The County Judge further publicly announced that before any final action, decision, or vote is made regarding the subject matter of said closed session, this meeting would be reopened to the public. The Court then went into closed session. At the end of the closed session, the meeting was reopened to the public at 11:58 A.M. No action was taken by the Court. CONTRACT FOR FIRE SERVICES BE'IWBEN CALHOUN COUNTY AND CITY OF PORT LAVACA _ A Motion was made by Commissioner Galvan and seconded by Commissioner Finter to enter into an Interlocal Agreement between the City of Port Lavaca and Calhoun Count~ for fire services and authorize the County Judge to slgn the agreement. A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to amend the Motion under Part 1, 1.1 to read ".... upon request for assistance from the 911 Dispatcher or the county volunteer fire departments within the County." Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. Vote on the Main Motion: Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. _ '~60 A. ,... INTERLOCAL AGREEMENT FOR FIRE SERVICES STATE OF TEXAS _ COUNTY OF CALHOUN THIS CONTRACT AND AGREEMENT, entered into on this I" day of Januarv 2003, by and between the CITY of PORT LA V ACA, Texas. a municipal corporation of Calhoun County, by and through their duly authorized City Manager or Mayor, and by and between the COUNTY OF CALHOUN, through its duly authorized County Judge, such governments acting herein under the authority and pursuant to the terms of the Texas Government Code, Section 791.00 I et seq., known as the "Interlocal Cooperation Act." WITNESSETH: WHEREAS, the County of Calhoun desires to provide for fire protection for life and property of its residents; and _ WHEREAS, the City of Port Lavaca, Texas being owners of certain trucks and other equipment designed for and capable of being used in the protection of persons and property from and in the suppression and the fighting of fires and has assigned individuals trained in the use of such equipment, the same being and composing fire departments of each of the parties hereto; and WHEREAS, the parties have authority to enter into contracts providing for the use of fire trucks and other fire protection and fire fighting equipment for citizens outside of their respective jurisdictional limits; and WHEREAS, the parties are desirous of obtaining additional, secondary service for their citizens in the event of an emergency whereby the fire department of a particular party would need additional assistance; and WHEREAS, for the fire services to be rendered hereunder, the County of Calhoun shall provide funds ($75,000.00) for the use of fire trucks and other fire protection and fire fighting equipment for citizens outside the respective limits of the City of Port Lavaca, Texas and NOW, THEREFORE, for and in consideration of the mutual benefits to be derived by each of the parties hereto, said parties agree and covenant as follows: _ J:.63 _ PART! SERVICES AND CONDITIONS The City of Port Lavaca and the County of Calhoun agree to provide fire suppression services and to dispatch equipment and/or personnel in accordance with and subject to the terms and conditions hereinafter set forth. It is specifically agreed that: 1.1 The City of Port Lavaca agrees to furnish emergency fire suppression services upon a request for assistance from the county volunteer fire departments within the County. \. q Ii \:" ''c , A r:: c" "- 00 r~ 1.2 Each party's Fire Chief or their designate shall be the sole judge of the type and amount of equipment and manpower dispatched in response to a request for assistance. Responding party forces will work under the authority of the requesting party upon arrival at the scene. 1.3 Any request for aid hereafter shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, by the amount and type of equipment and number of personnel to be furnished shall be determined by the representative of the responding party. _ 1.4 The responding party shall report to the officer in charge of the requesting party at the location to which the equipment and/or personnel is dispatched and there to render the assistance required. 1.5 A responding party shall be released by the requesting party when such services of the responding party are no longer required or when the responding party is needed within the area that it normally provides fire protection services for. The authorized official of the responding party, once determining that the health, safety and welfare of the responding party's personnel shall be endangered by any order of the requesting party, may withdraw all of responding party's personnel from the scene. _ i64 _ 2.4 At no time shall the employees of a responding party be considered to be borrowed servants or on loan to the requesting party under this agreement. PART 3 TERM: 3.1 This agreement shall terminated 2003, provided that it shall automatically be renewed for a one year period unless any party hereto shall give all of the other parties written notice on or before ninety (90) days prior to the renewal date, at which time this agreement shall terminate only as to the terminating party. 3.2 Notwithstanding the above, all rights, duties, and responsibilities of the other nonterminating parties are unaffected for the remainder of the term or any renewal thereof. 3.3 This agreement shall renew itself automatically from year to year absent said notice. _ PART 4 NOTICE OF TERMINATION: 4.1 The parties hereto may terminate their interest under the agreement without recourse or liability for breach or damages, upon ninety (90) days written notice of their intent to terminate to the other parties. 4.2 Notwithstanding the above, all rights, duties, and responsibilities of the other nonterminating parties are unaffected for the remainder of the term. _ 1.65 _ PART 5 ENTIRE AGREEMENT: This agreement shall take the place of and supersede any previous agreements; it shall only be amended in writing and signed by all parties. IN WITNESS THEREOF, all parties have caused the agreement to be duly executed on the date above written. ATTEST BARBARA GmSON CITY SECRETARY DATE e CITY OF PORT LA V ACA ALLEN THARLING MAYOR DATE COUNTY OF CALHOUN MICHAEL J. PFEIFER COUTY JUDGE DATE _ 166 Entity Name Entity ID ,~~ntract Type / ID Port Lavaca 9059 LIAB / 4 10-01-02 to 10-01-03 LIABILITY DECLARATIONS OF COVERAGE GENERAL LIABILITY Limits of Liability $ 1,000,000 Each Occurrence $ 1,000,000 Each Occurrence $ 2,000,000 Annual Aggregate $ 0 Each Occurrence $ 12,179 Effective 10-01-02 $ 12,179 Anniversary: 10-01-03 Sudden Events _InVOlVing Pollution Deductible Annual Contribution Billable Contribution Each Occurrence Annual Aggregate Each Occurrence Effective 10-01-02 Anniversary: 10-01-03 Each Wrongful Act Annual Aggregate Deductible Each Wrongful Act Effective 10-01-02 Anniversary: 10-01-03 Retroactive Date: 00-00-00 TOTAL CONTRIBUTION $ 39,627/ Contract Effective 10-01-02 Contract Anniversary: 10-01-03 Total Billable Contribution Coverage is continuous until cancelled. adjustment each year on the anniversary information and changes in rating, Contributions are subject to date based on updated exposure Texas Municipal League Intergovernmental Risk Pool CHELGRE 06-14-02 15.45.22 L201 08-11-98 _. PORT O'CONNOR COUNTRY CLUB. A CONDOMINIUM - 1\MBNDBD PLAT _ This agenda item was passed per request of Commissioner Finster. J:.67 COMMUNITY ALERT NETWORK - RENEW ANNUAL CONTRACT FOR EMERGENCY COMMUNICATIONS A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to authorize the County Judge to renew the annual contract with Community Alert Network. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. _ l .ml.ft~l'nr~ n 1 lea , , Community Alert Network@ Inc. RECEIVED FEB 07 2003 February I, 2003 (1' Judge Michae'7'. Pfeifer Calhoun County 2/1 South Ann Street Port Lavaca, Texas 77979 Mike Pfeifer Calhoun County Judge Client #: 0004 Dear Judge Pfeifer: It is time to begin the renewal process for your Community Alert Network service contract. We have enclosed your invoice for the next twelve months service. The new telephone number database will be ordered upon receipt of your renewal payment and a signed copy of this letter. _ We obtain the telephone numbers for a community based upon the zip codes for that area. In order for us to be current with any changes that the postal service may have made during the last year, would you please review the following list of zip codes to make sure that they still represent all of the zip codes that are included in your municipality. If this list is correct, please sign on the appropriate line below. If corrections are needed, please provide us with a revised list of zip codes and sign on the appropriate line. Zip Codes: 77972,77978,77979,77982 and 77983. If you have any questions, please do not hesitate to contact me. All of us at Community Alert Network are looking forward to a continuation of our current relationship. Sincerely, r ~~~ Janet A. Minersagen Director of Administration Ijam Enc10sure e Approved As Is Date Approved with the following changes Date @11] 255 Washington Ave. Ext. Suite 105 . Albany, New York 12205 Phone \ 18.862,0987 . Fax 518,862,0312 . TolI.Free 800,992-1331 E-mail cancalls@can-ind.com . Home Page http://www.C3.n-lntl.com 168 Emergency Management C~0 sf.~'V From: "Janet Minersagen" <janet.minersagen@can-intl.com> To: <emermgt@tisd.net> Cc: "Ken Baechel" <ken.baechel@can-intl.com>; "Elizabeth Thompson" <elizabeth.thompson@can-intl.com> _ Sent: Wednesday, February 12, 2003 3:48 PM _Subject: FW: CAN Renewal-Client #0004 (Calhoun County, TX) As stated in your new contract dated May 1,2002 the payments are as follows: 2002 the fee was $6,000 2003 - $6,500 2004 - $7,000 2005 - $7,500 2006 - $8,000 If you have any other questions or if I may be of assistance in any way, please do not hesitate to call. _ This fee is for the Community Alert Network that. the County and Industries support. This year1s f~e per enti~y is $1,300. Th~:'fee will increase $100 per ~ntity until it reaches the new yearly fee of $8,000 in year 2006. The current industries that are partipating are Alcoa, BP, Dow and Formosa. Letters were mailed out February 11th requesting payment. BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: MISCELLANEOUS OA TE: 2/19/03 BUDGiiT FOR THE YEAR: 2003 AMENDMENT AMOUNT REASON (~OO) AS NEEDED TO PAY ANNUAL FEE FOR CAN. 500 _ To~1 fo, GENERAL FUND 0 ";~a:)i:jDi1:ktZ~:rj:;lt~;:'1i~~1;.ilt;,::~D;!~I[:~Ga ~~~ili~~~f~;j;~ NET CHANGE IN TOTAL BUDGET ~ ;'69 CALHOUN COUNTY HEALTH DEPARTMENT - SURPLUS/SALVAGE A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to declare the following items at the Calhoun County Health Department as surplus/salvage: Asset #635-0074 - 16mm Bell & Howell DES 385 _ Projector Asset #635-0056 - Metal desk Asset #635-0111 - Metal desk IOMEGA back-up system (not in inventory) Cannon BP1210 Calculator (not in inventory) 2 File Drawers w/stand (not in inventory) 2 Shelf Rods (not in inventory) Tape Recorder (not in inventory) 3 Black Plastic Chairs (not in inventory) Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. C'J>.T.ROUN TAX ASSESSOR-COLLECTOR - COUNTY TREASURER - DISTRICT CLERK - JP #3 - JP #5 - EXTENSION SERVICE - HEALTH DEPARTMENT MONTHLY REPORTS The Calhoun County Tax Assessor-Collector, County Treasurer, District Clerk, JP #3, JP #5, Extension Service presented their reports for January, 2003 and the Health Department, their 4th quarter report for 2002 and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Balajka that said reports be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. BUDGET ADJUSTMENTS - VARIOUS DEPARTMENTS - COUNTY TAX COLLECTOR - PCT #3 R&B - MISCELLANEOUS - DISTRICT CLERK - JP #1 - DISTRICT ATTORNEY - COMMISSIONER PCT #2 A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the following Budget Adjustments be approved. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. _ BUDGET AMENDMENT REQUEST 1- ~ TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: VARIOUS DEPARTMENTS DATE: 2126103 BUDGET FOR THE YEAR: 2003 GL ACCOUNT NO. ACCOU DEPARTMENT NAME JAIL 1000-180-63920 MISCELLANEOUS 1000.180-64880 PRISONER LODGING-OUT OF COUNTY SHERIFF 1000-760'53992 SUPPLlES,MISCELLANEOUS 1000-760,53020 GENERAL OFFICE SUPPLIES COUNTY COURT-A T-LAW 1000-410,60050 ADULT ASSIGNED-ATTORNEY FEES 1000-410-63380 LEGAL SERVICES,COURT APPOINTED DISTRICT COURT CONTRIB. TO EXP.,COURT REPORTERS 1,066 LINE ITEM TRANSFER ADULT ASSIGNED-ATTORNEY FEES 12,118 ADULT ASSIGNED-OTHER LITIGATION EXPENS 274 CONTRIB. TO EXP.-DISTRICT JUDGES (207) LEGAL SERVICES-COURT APPOINTED (13,271) Total for GENERAL FUND 0 ~ll!I'-" iil- '''---i:!!i.-~'IIi''~ NET CHANGE IN TOTAL BUDGET 0 92 LINE ITEM TRANSFER (92) 147 LINE ITEM TRANSFER (147) 125 LINE ITEM TRANSFER (125) 1 000-430.61270 1 000-430-60050 1 000-430-60053 1000-430-61272 1 000-430-63380 _ APPROVED FEB 1...72003 .- "'0 .J..( e e e 2-21-203 12,22PM FROM CALHOUN CO. AUDITOR 361 553 d61d BUDGET AMENDMENT REQUEST CA . ,,~" :ii.~~.':, TOQI for GENERAL. FUND . . ""< "Iji_il<<:g"'"'''''' NET CHANGE IN TOTAL ilUDGET a~ APPROVED SI ATURE OF ELECTEO OFFICIAlJOEPARTMENT HEA FEB 2 7 2003 P.l ! ,. , j \ , I , I \ \ ~71 e II BUDGET AMENDMENT REQUEST II 3 From: Calhoun County Commissioners' Court ~&I/ a ~ !?12 1.0 t::ti !:z e r ~ (Department making this request) To: Date: 2-Z'='-0;3 I request an amendment to the ;; 00 ~ budget for the (year following line items in my department: GL Account # ------------- ------------------ ------------- ------------------- Amendment Account Name Amount Reason <:: 30- t, <.;- t,~O t::;t,(J -/)7, 5)1) <; Y-1 LY~ 1<. ~ S T L? D Y' _1 '7 D O-r; R 0 /J, n i A!2IIX.Fi ~&f. (n)) (')<')1'>) -l ('),t:j "1 e lFR "w E Net change in total budget for this department is: Other remarks/justification: $ o ============= I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: ~~ Date of Commissioners' Court approval: e Date posted to General Ledger account(s): 172 e e e BUDGET AMENDMENT REQUEST 0f' Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET o o APPROVED FEB 2 7 2003 :::'73 e 2-26-203 1 1 '43AM FROM CAU-ULN CO_ AUDITOR 361 5S3 4614 P_ I 5 BUDGET AMENDMENT REQUEST a -:.,;.~~;t:::;:r-,:'~LI~. o ~ ~~~~~ Pj~ /03 APPROVED FEB 27 2003 e e Tel -=!C)t1,4 ~~~1~ I~Tn n~ ,H~ Oc-O....CCCTOC h...."....T cnn7/07/7n l74 e e e tf5D tf6a BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: Justice of the Peace Pct. #1 (Department making this request) Date: February 20, 2003 I request an amendment to the 2003 budget or the following line items in my department: (year) GL Account # Amendment Amount Reason Account Name Amended amount 63500 Machine Maintenance $125.00 Comouter reoairs Taken from Acc. #'s: 66476 In County Travel L.-' J.5 tJO) APPROVED FEB 2 7 2003 Net change in total budget For this Department is: $125.66 a Other remarks/justification: Please allow the money to be removed from the following accounts and be placed in the requested accounts, for dues. I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: ~ V ~ Date of Commissioners' Court approval: Date posted to General Ledger Account (s): I] o .'7..... .... J 450 BUDGET AMENDMENT REQUEST To: Calhoun County Commissioners' Court From: Justice of the Peace Pct. #1 (Department making this request) Date: Februarv 19, 2003 I request an amendment to the 2003 budget or the following line items in my department: (year) GL Account # Amendment Amount Reason Account Name Amended amount 54020 Dues $200.00 For office dues Taken from Acc. #'s: L{!;)O 66476 :i76 In County Travel (:200,0()) APPROVED Net change in total budget For this Department is: FEB 2 7 2003 , $266.06 0 Other remarks/justification: Please allow the money to be removed from the following accounts and be placed in the requested accounts, for dues. I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. ,/1 h7- c Signature of official/departmeut head: ~ Vv1~_ Date of Commissioners' Court approval: Date posted to General Ledger Account (s): I] 1 e e e _ e e IIBUDGET AMENDMENT REQUEST II To: Calhoun County Commissioners' Court From: D~d- ~ (Department making this request) Date: C:<----I ~ -<J] following line items in my ~a2 (year) department: budget for the I request an amendment to the GL Account # Amendment Amount Account Name --R--------------- r'0~ ~u,G,I~ 5\0- 0-t.{J1QO O~ I - l../q;)J,O {,,:>~ (1,').0) - Net change in total budget for this department is: Other remarks/justification: $ -0~ ============= "6 Reason YQ~I\~b- h:cr ~+ u.. Ju R~I~ ( ~, IC'iT *- !.~o'),"1j ED -3 I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s) : '~77 f. " .' " , . I~"...,',,' .. .~. ~:f~ t :,~ 1'. t'! ~" . Cj- IIBUDGET AMENDMENT REQUEST~ To: Calhoun County Commissioners' Court From: to..Q. c.o. p c..:t '* Ol (Department making this request) ct-~O-o~ Date: I request an amendment to the ~~ year following line items in my department: budget for the ~;-~~~~'=~~-~- ------------------ ------------- ------------------- Amendment Account Name Amount Reason 55D-535g0 5')0 - t)3510 PI~ J\oNi * BncigtL 100,00 <. \00.001 p e FEB 2 7 Net change in total budget for this department is: Other remarks/justification: $ -8-- ------------- ------------- I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: ~w~ e Date posted to General Ledger account(s): 178 ~ f; . . fc e e --,----..----.-..--, -'. -~_.._- . . --,.. ..-.~',...~.~--~.~._----""~,--~'-....-..-..., ~'.~,...,.-,..._.-. II BUDGET lIHENDMENT REQUEST II To: Calhoun County Commissioners' Court From: CoJ.h.~un C-ol.m.~ Preon0 #'.;J... (Department making this request) Date: (2- dO - 0,3 I request an amendment to the a 003 (year) following line items in my department: ]0 budget for the ~~-~!:'~~~~~_!- AlllenclJllent Account Name Alllount Reason ------------------ ------------- ------------------- 55o-5~58'o 550 - 5,":l5ID 'P, pf'_ Aowt brlct,ge. dOOO.DO ( dJX)O. 00 f Net change in total budget tor this department is: Other remarks/justification: ~ -e- ------------ ------------- APP F 27 2003 r understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. 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Z Z ~ <>0 Z Z v ;l ;l go ;l;l ~ 0 f- f- f- f-f3 f- f- e :E :E :E Ci..U') :E:E .9 ~ 01 01 UJ). l.l.l u.l u i:: i:: :'2'" i:: i:: ~ Ol Ol Ol ~:5 Ol Ol e " ~ ~ ,g "..; " " ...J '" ...J...J 0 0 0 0 0 0 0 0 6 6 " " 0 0 ~ 0 0 0 - 00 ~ N " .... . - ~ ~ v v 0 8 0 0 0 0 0 0 0 0 '" .... 0 0 ~ ~ 0 - - ~. v N ~ ~ ~ e v .s 0 0 .... ~ ~ .; 0 W m 0 > 0 '" 0 c-.. 0: '" Cl.. = l.W n.. LL .0;: e g S 00 '" ~ N . , e GRNERAL DISCUSSION - CULVERT INSTALLATION Commissioner Finster mentioned the expense and time consumption of culvert installation by the County. He felt a ~olicy regarding this matter should be adopted. Commiss~oner Balajka also spoke on the subject. GENERAL DISCUSSION - SALE OF MEMORIAL MEDICAL PlAZA Commissioner Galvan said he received a call from Mr. Carney regarding'sale of the Memorial Medical Plaza. He will be back in touch. ACCOUNTS ALLOWED - COUNTY Claims totaling $690,862.93 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Galvan that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - INDIGENT HEALTHCARE Claims totaling $121,756.30 for Indigent Healthcare were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Galvan that said claims be approved for payment, Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - HOSPITAL Claims totaling $1,850,236.92 for Hospital Operations were presented by the County Treasurer and after reading and verifying same, A Motion was made by Commissioner Galvan and seconded by Commissioner Finster that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. THE COURT ADJOURNED AT 12:15 P.M. 11~